United States v. Chikaka

Judge OHLSON

delivered the opinion of the Court.

We granted review to determine whether the lower court erred in concluding that Appellant’s claim of unlawful command influence (UCI) was “without merit.” 1 United States v. Chikaka, 76 M.J. 40, 41 (C.A.A.F. 2016). For the reasons set forth below, we hold that Appellant presented sufficient evidence of UCI during the sentencing phase of his court-martial to cause the burden to shift to the Government to disprove UCI beyond a reasonable doubt. Accordingly, the decision of the United States Navy-Marine Corps Court of Criminal Appeals (CCA) is…