Legal Opinion · Concurrence

United States v. Frazier

United States Court of Military Appeals

Decided September 20, 1991No. 66,104; CM 8903855Published

1ConcurrenceEverett, Senior Judge

Reduced to its essence, the question presented in this appeal is — How far down the path of speculation and argument may a witness be led by the prosecutor in an effort to show the harmful potential results of an accused’s crime? Although the Army Court of Military Review has ventured into this area somewhat, see, e.g., United States v. Stevens, 21 MJ 649 (1985); United States v. Young, 8 MJ 676, pet. denied, 9 MJ 15 (1980), counsel have cited and I have found no especially authoritative case out of this Court.

As the court in Stevens put it: “It is axiomatic that counsel may argue and the…

2Cases cited4 opinions

  1. United States v. SalesUnited States Court of Military Appeals · 1986
  2. United States v. SuzukiUnited States Court of Military Appeals · 1985
  3. United States v. MontesinosU.S. Army Court of Military Review · 1985
  4. United States v. YoungU.S. Army Court of Military Review · 1980

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