Legal Opinion · Concurrence

United States v. Bennett

U S Air Force Court of Military Review

Decided July 26, 1989No. ACM S28096Published

1ConcurrenceKastl, Senior Judge

What matters are relevant and admissible during the presentencing phase of an Air Force court-martial, given the new, expansive language of AFR 111-1? This court-martial, decided under the amended regulation, provides an opportunity to review several useful lessons from similar situations in the past.

Expansion of AFR 111-1

The presentencing materials in this case (letters of reprimand and notification of a demotion action) were admitted under paragraph 13-4 of AFR 111-1, Military Justice Guide (30 September 1988). That authority permits admission of “all those records made or maintained in…

2Cases cited10 opinions

  1. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  2. United States v. WarrenUnited States Court of Military Appeals · 1982
  3. United States v. BoldenUnited States Court of Military Appeals · 1983
  4. United States v. KlineUnited States Court of Military Appeals · 1982
  5. United States v. NewbillU S Air Force Court of Military Review · 1977

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