Court-Martial Trial Practice Blog
NMCCA has issued an unpublished opinion in United States v. Davis, III, NMCCA 200900137 (N.M.C. Ct. Crim. App. 8 September 2009).
The case addresses the often perplexing issue of prosecutorial overcharging in CP cases. In this case the prosecution charged the CP under Article 134(1)(2) and (3), UCMJ. The court does note that some overcharging is to be expected prior to trial and the prosecution then commits itself to proving up the various charges. However, this was a guilty plea case. While the MJ did address some factors under United States v. Quiroz, NMCCA decided she’d not gone far enough. There was no effect on the sentence.