United States v. Sowell

CARVER, Senior Judge:

(concurring in part, dissenting in part).

I respectfully dissent as to the majority’s resolution of the assignment of error regarding the military judge’s limitation on the appellant’s unsworn statement. I believe that the military judge abused his discretion and committed prejudicial error. As a result, I would set aside the sentence and authorize a rehearing on sentence. However, I concur with the majority’s denial of the other seven assignments of error. See United States v. Sowell, 59 M.J. 552 (N.M.Ct.Crim.App.2003).

*960A. Unsworn Statement

The appellant contends that the…