Court-Martial Trial Practice Blog
On appeal, Appellant asserts three assignments of error: (1) whether Appellant is entitled to sentence relief due to the conditions of her post-trial confinement; (2) whether Appellant is entitled to relief because the Staff Judge Advocate’s Recommendation (SJAR) failed to address alleged legal errors; and (3) whether the approved sentence is unduly harsh as compared to sentences in similar cases. We specified two additional issues: (1) whether trial defense counsel incorrectly stated in the clemency submission the effect of a particular term in the PTA and (2) whether Appellant is entitled to new post-trial processing in light of United States v. Addison, 75 M.J. 405 (C.A.A.F. 2016) (mem.), either because the addendum to the SJAR did not correct an error in trial defense counsel’s clemency submission regarding the particular term in the PTA or because the SJAR misadvised the convening authority concerning the PTA. We find that there was no meeting of the minds concerning the term in the PTA and thus set aside the findings and the sentence.
United States v. Rush, (A. F. Ct. Crim. App. January 2019).