United States v. Johnston

Opinion of the Court

CRAWFORD, Judge:

Appellant was tried by a special court-martial with members and, contrary to his pleas, was found guilty of wrongful use of marijuana (2 specifications), in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. Appellant was sentenced to a bad-conduct discharge, partial forfeitures, and reduction to E-3. The convening authority approved the adjudged sentence; the court below affirmed the findings and sentence; and we granted review of this issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN EXCLUDING EVIDENCE OF A NEGATIVE…