United States v. Nelson

OPINION OF THE COURT

FLETCHER, Chief Judge:

Challenging the propriety of the trial counsel’s prefindings argument to the jury, the appellant points to three comments which he contends warrant reversal of his general court-martial conviction for twice selling cocaine. The first concerns the prosecutor’s reference to Private Nelson’s failure to mention his alibi defense in his testimony during the pretrial hearing conducted pursuant to Article 32, Uniform Code of Military Justice, 10 U.S.C. § 832. Second, the appellant challenges the trial counsel’s likening of a defense witness’ tactics to those…