United States v. Malhiot

OPINION OF THE COURT

STONE, Senior Judge:

The military justice sentencing scheme operates within a narrow range of admissible evidence. Evidence that is logically relevant to the determination of an appropriate sentence is often excluded, reflecting the “systemic costs of having court members determine sentences” in an adversarial proceeding. United States v. Brogan, 33 M.J. 588, 592 (N.M.C.M.R.1991) (citing United States v. Charley, 28 M.J. 903, 908 (A.C.M.R.1989)). This case illustrates the difficulty of distinguishing logical relevance from legal relevance.

The appellant pled guilty to three…