United States v. Martin

Opinion of the Court

Darden, Judge:

The appellant pleaded guilty to possessing heroin on January 30 and May 15, 1969. Because of the date of these offenses the introduction of a record of nonjudicial Article 15 punishment during the post-finding portion of this court-martial was in error. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970). Moreover, there is a fair risk of resulting prejudice, since this inadmissible matter reflects a prior absence without leave, two thefts, and disrespect toward a superior officer. Because of the substantial nature of the earlier offenses we think the…