United States v. Montgomery

I dissent.

The issue before this Court is whether the military judge erred to the prejudice of the accused by receiving in evidence, during the proceedings on sentence, Prosecution Exhibits 3, 4, and 5. While holding that the military judge erred in admitting these exhibits (United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970)), my brothers have found no prejudice in this case. United States v Young, 19 USCMA 481, 42 CMR 83 (1970); United States v Guathier, 19 USCMA 482, 42 CMR 84 (1970); United States v Tipton, 19 USCMA 483, 42 CMR 85 (1970).

Evidence of prior nonjudicial punishment, as…