This blog has previously noted Commander (Ret.) Wayne L. Johnson, JAGC, USN’s article in the Journal of Military and Veteran Law in which he argues that the manner in which the Navy counsels Sailors and Marines falls short of the requirements of United States v. Booker, 5 M.J. 238 (C.M.A. 1977).
I had occasion to do a presentencing hearing last week, and since my client had two NJPs in the previous two years, I was in a position to object to their admission during sentencing on the grounds outlined by CDR Johnson. Since my client will be enjoying the full panoply of rights afforded him by Article 66, we can look forward to seeing how this theory plays in the appellate arena.