United States v. Davis

Judge RYAN

delivered the opinion of the Court.

To the extent that United States v. Taylor, 26 M.J. 127 (C.M.A. 1988), holds that an accused’s right to a required instruction on findings is not waived (that is, extinguished on appeal) by a failure to object without more, it remains good law. See, e.g., United States v. Stanley, 71 M.J. 60, 62-64 (C.A.A.P. 2012) (holding that the accused’s failure to object to the military judge’s failure to give an affirmative defense instruction did not constitute waiver, but that the instruction was not required in that case); cf. United States v. Gutierrez,…