United States v. Kloese

OPINION OF THE COURT ON REMAND

CARMICHAEL, Judge:

Before addressing the assignments of error in this case, we will provide a brief account of its appellate history.

Pursuant to his pleas, appellant was convicted by a military judge sitting as a special court-martial of aggravated assault and larceny. He was sentenced to a bad-conduct discharge, forfeiture of $382.00 pay per month for three months, and confinement for three months. The convening authority, Major General Anderson, approved the sentence.

On 31 August 1984, despite evidence of unlawful command influence within the 3d Armored…