Legal Opinion
United States v. Gibson
U S Air Force Court of Military Review
Decided June 13, 1990No. ACM 28132PublishedCited by 10 opinions
1Opinion of the Court
DECISION
KASTL, Senior Judge:
Senior Airman Gibson raises two assignments of error. We decide both adversely to him and affirm.
I
He first invites us to consider: WHETHER THE TRIAL COUNSEL’S ARGUMENT ON SENTENCING THAT THE APPELLANT HAD NOT EXPRESSED REMORSE IN HIS UNSWORN STATEMENT WAS IMPROPER AND TANTAMOUNT TO A COMMENT ON THE APPELLANT’S FAILURE TO SPEAK.
The appellant reminds us of our ruling in United States v. Chaves, 28 M.J. 691 (A.F.C.M.R.1989). There, we held that an appellant’s failure to express remorse was an inappropriate sentencing factor. Here, trial counsel noted the failure to…
2Cases cited7 opinions
- United States v. PollardUnited States Court of Military Appeals · 1989
- United States v. CourtsUnited States Court of Military Appeals · 1980
- United States v. JohnsonUnited States Court of Military Appeals · 1975
- United States v. ParkerUnited States Court of Military Appeals · 1981
- United States v. ChavesU S Air Force Court of Military Review · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. EdwardsUnited States Court of Military Appeals · 1992
- United States v. GrayU.S. Army Court of Military Review · 1992
- United States v. ToroU S Air Force Court of Military Review · 1991
- United States v. CarrollU.S. Army Court of Military Review · 1992
- United States v. MinayaU S Air Force Court of Military Review · 1990
5 more not listed; retrieve them via the Exa API.