Legal Opinion

United States v. Smith

U S Air Force Court of Military Review

Decided October 13, 1989No. ACM 27870PublishedCited by 6 opinions

1Opinion of the Court

DECISION

BLOMMERS, Senior Judge.

The matter we face deals with interpretation of a provision contained in a recent change to the regulation governing military justice procedures in the Air Force. *738Specifically, it concerns the admissibility of evidence from an accused’s personnel records during the presentencing portion of a trial.

In this regard, previous editions of Air Force Regulation 111-1, Military Justice Guide [hereinafter referred to as AFR 111-1], provided:

During the presentencing proceedings, personnel records, or copies or summaries thereof, reflecting an accused’s past conduct and…

2Cases cited4 opinions

  1. United States v. RussoUnited States Court of Military Appeals · 1975
  2. United States v. StrongUnited States Court of Military Appeals · 1984
  3. United States v. SaulterU S Air Force Court of Military Review · 1986
  4. United States v. ClevelandU S Air Force Court of Military Review · 1988

3Cited by6 opinions

  1. United States v. EdwardsU S Air Force Court of Military Review · 1994
  2. United States v. ShepherdU S Air Force Court of Military Review · 1990
  3. United States v. WeatherspoonU.S. Army Court of Military Review · 1994
  4. United States v. DonohueU S Air Force Court of Military Review · 1990
  5. United States v. GadsonU S Air Force Court of Military Review · 1990

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