United States v. Latta

Appellant, in an unsworn statement during the sentencing phase of the trial, indicated that he was humiliated by his first sergeant at a unit formation after he returned from an unauthorized absence. Trial defense counsel, during his argument on sentence, asked the military judge that this be “fairly considered prior punishment under Article 13, UCMJ,” and that it be taken into consideration when adjudging a sentence. Nothing further was submitted to the court on the issue although the appellant’s company commander was called as a rebuttal witness by the government. Thereafter, the military…