United States v. Cobia

SULLIVAN, Judge,

with whom

EFFRON, Judge, joins (concurring in part and in the result):

I agree with the majority that the recent decision of the Supreme Court in Ohler v. United States, — U.S. —, 120 S.Ct. 1851, 146 L.Ed.2d 826 (2000), controls this Military Rule of Evidence 609 case. However, Ohler was not decided at the time this appeal was argued at this Court. Assuming it inapplicable, I would still vote to affirm this conviction.

The military judge in this case admitted evidence of appellant’s guilty plea convictions in state court for the same offenses he was being tried for at…