United States v. Wyrozynski

DECISION

HERMAN, Judge:

The questions presented for resolution are whether the military judge erred in failing, sua sponte, to instruct the members of the court to disregard what is termed uncharged misconduct, in addition to hearsay evidence of the accused’s poor job performance given by his unit commander.

The accused was convicted, in accordance with his pleas, by a special court-martial which included members, of a failure to go, two assaults consummated by batteries, an unlawful entry and a breach of restriction, in violation of Articles 86, 128, and 134 of the Uniform Code of Military…