CAAF to consider what a military judge should do when the members ask if they can award extra confinement to cancel out confinement credit
CAAF has granted review of the following issue:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE INFORMED THE MEMBERS OF APPELLANT’S ILLEGAL PRETRIAL PUNISHMENT CREDIT AND THEN FAILED TO INSTRUCT THE MEMBERS BASED ON A SUBMITTED QUESTION THAT THEY WERE NOT ALLOWED TO NULLIFY SOME OR ALL OF THAT CREDIT BY INCREASING THE SENTENCE.
United States v. Barnett, __ M.J. __, No. 12-0251/AF (C.A.A.F. Feb. 15, 2012).
AFCCA’s decision in the case is published at 70 M.J. 568. We discussed that opinion here.