United States v. Yarbrough

DECISION

During the accused’s court-martial, evidence of three nonjudieial punishments was admitted and considered.* One punishment had been imposed more than two years prior to the commission of the offense of which the accused stands convicted; thus, it did not qualify for admission at trial. Air Force Manual 111-1, Military Justice Guide, paragraph 5-13, 25 August 1975, Change 4 (13 May 1980).

Despite defense failure to object to this evidence at trial, we find that its admission rises to the level of plain error contemplated by Mil.R.Evid. 103(d). United States v. Morales, 1 M.J. 87, 23…