United States v. Napier

Opinion of the Court

Quinn, Chief Judge:

The question raised by the accused on this appeal is whether he was prejudiced by the law officer’s allusion to instructions he gave “on several recent occasions” regarding “matters that are appropriate in arriving at a just sentence.” The Government contends that the procedure followed by the law officer was “favored” by the accused and, consequently, prevents him from claiming on this appeal that his rights were prejudiced. United States v Mullican, 7 USCMA 208, 21 CMR 334. Whether there was a calculated election of a specific procedure by the accused…