United States v. Richard

Opinion of the Court

Quinn, Judge:

Here, as in United States v Drake, 21 USCMA 226, 44 CMR 280 (1972), the Judge Advocate General of the Navy has asked review of the correctness of the determination of the United States Navy Court of Military Review that, at trial, defense counsel had improperly argued that the accused “be given a bad conduct discharge but ... no confinement or a bare minimum.” Observing that United States v Weatherford, 19 USCMA 424, 42 CMR 26 (1970), had held that in certain instances defense counsel can properly argue for imposition of a punitive discharge to the exclusion…