United States v. Whitaker

OPINION OF THE COURT

PRATT, Senior Judge:

Consistent with his pleas, appellant was convicted at a general court-martial, before military judge alone, of two specifications of forcible sodomy. Pursuant to a pretrial agreement, the approved sentence includes a dishonorable discharge, confinement for 3 years, total forfeitures, and reduction to E-l.1

On appeal, appellant asserts that the military judge erred by disallowing cross-examination concerning post-offense sexual activities of the victim during the sentencing portion of the trial. Under the circumstances of this case, we agree but find the…