United States v. Benson

OPINION OF THE COURT

PEARSON, Senior Judge:

A panel of officer and enlisted court members convicted appellant of using a loaded firearm to assault Kentara Heywood, a 20-year-old civilian whom the prosecutor called a “punk.” Article 128, UCMJ, 10 U.S.C. § 928. Appellant’s approved sentence is a bad-conduct discharge, confinement for 30 months, forfeiture of all pay and allowances, and reduction to E-l. Appellant challenges the court member selection process and exclusion of impeachment and exculpatory evidence he offered at trial. We find merit in each assignment of error and set aside the…