United States v. Clifton

In my opinion, the discussions of plain error at this Court and the United States Army Court of Criminal Appeals (CCA) are superfluous. This was a case where Appellant affirmatively waived his right to appeal the military judge’s decision not to recall the requested witnesses.

After closing arguments and the military judge’s instructions, one of the court members asked if it was “too late to recall two of the witnesses” because he had “two questions.” When the military judge asked the names of the witnesses, the panel member stated:

[MEM]: Either Dr. Ellwood or one of the other medical doctors.

M…