United States v. Britton

I concur in the majority opinion but write separately to suggest an alternative approach to address the significant amount of time and effort devoted to multiplicity litigation, which frequently produce results that do not have a significant impact on the interests of either an appellant or the Government, regardless of who prevails on appeal.

I. Background

Multiplicity litigation has been marked by instability in doctrine and ad hoc resolution of cases, reflecting military justice considerations that increase the potential for trials involving multiple charges. The concept of multiplicity…