United States v. Pitts

DECISION

KASTL, Senior Judge:

In a court-martial, may the circumstances of uncontested and pled offenses be admitted on the merits when factually related to a contested offense? In the setting before us, we respond in the affirmative.

I

During the contested portion of the accused’s trial, the military judge permitted the prosecution to present evidence ordinarily reserved for pre-sentencing. The issue, which the defense brief challenges as involving a “fundamental and potentially wide-spread” abuse of procedure, arose in this setting: Technical Sergeant Pitts pled guilty to use and distribution…