United States v. Silva

Opinion

COX, Judge.

In this ease, the Judge Advocate General of the Air Force has certified the following question:

WAS THE AIR FORCE COURT OF MILITARY REVIEW CORRECT IN HOLDING THAT EVIDENCE OF UNCHARGED MISCONDUCT, NORMALLY ADMISSIBLE IN A CONTESTED CASE, IS INADMISSIBLE WHEN THE ACCUSED PLEADS GUILTY?

We hold that the court below was incorrect, and we reverse.

The accused pleaded guilty to two specifications of committing lewd and lascivious acts upon different girls under the age of sixteen, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. A stipulation of fact…