United States v. Clark

MOLLISON, Judge:

This appeal from a special court-martial conviction concerns whether Rule for Courts-Martial (R.C.M.) 701(a)(5), Manual for Courts-Martial, United States, 1984, requires the trial counsel to disclose to the defense written material the Government may offer solely to rebut matters which the accused may offer in extenuation and mitigation during the presentencing procedure. We conclude that trial counsel has no obligation to disclose such rebuttal under the rule.

*1100Consistent with his pleas, the appellant was found guilty of two periods of unauthorized absence in violation of…