NMCCA

United States v. Zaruba.

The appellant has assigned three errors, but we need address only the first:

DID THE MILITARY JUDGE ERR WHEN HE FAILED TO REOPEN THE PROVIDENCE INQUIRY AFTER EVIDENCE OF THE APPELLANT’S DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER AND BIPOLAR DISORDER WERE INTRODUCED DURING SENTENCING IN ORDER TO QUESTION APPELLANT AND TRIAL DEFENSE COUNSEL OF POSSIBLE MENTAL RESPONSIBILITY AND CAPACITY TO STAND TRIAL DEFENSES?

We conclude that the military judge erred by failing to reopen the providence inquiry.