United States v. Rembert

I dissent. I agree with the author of the lead opinion that the Court of Military Appeals evidently intends that the Booker rule of admissibility apply to records of nonjudicial punishment as well as to records of trial by summary court-martial. See United States v. Booker, 5 M.J. 238 (C.M.A.1977), modified, 5 M.J. 246 (C.M.A.1978). The doubt I expressed in United States v. Taylor, 5 M.J. 669, 670 (A.C.M.R.1978) (Fulton, Sr. J., concurring), was dispelled by United States v. Cannon, 5 M.J. 198 (C.M.A.1978), when the Court of Military Appeals again referred to nonjudicial punishment as being…