United States v. Clifton

I concur with the majority’s analysis and resolution of the substantive issue and write only to express my view of the waiver issue. The majority deals with waiver by holding that “we need not reach the issue of waiver because, even assuming that Appellant merely forfeited the issue, we conclude that he failed to carry his burden to show prejudice under a plain error analysis.” United States v. Clifton, 71 M.J. 489, 491 (C.A.A.F.2013). However, I believe the issue of waiver must be addressed because, if there was a waiver, there is nothing for an appellate court to consider. United States v.…