The CAAF reversed the CGCCA
in a unanimous decision, holding that the military judge's decision not to dismiss the absence charge was not plain error.
On appeal, the CAAF reversed the CGCCA in a three-to-two decision, (119) holding that "a Court of Criminal Appeals has authority under Article 66(c) .
114) In spite of these conclusions, the CGCCA determined that, notwithstanding the Army court's decision in United States v.
also heard a case of first impression last term.
granted relief on sentence severity grounds in two cases.
102) There is a more nuanced layer of analysis to these two cases, however, which may be why the CGCCA
published two opinions on the issue.
held, "In a case involving a pretrial agreement, the
207) Despite all of this, the CGCCA
found no prejudice because there was no evidence that the convening authority would have acted differently if the addendum did not contain the SJA's comments.
On appeal to the CGCCA
, Smith argued that his Sixth Amendment right to confrontation was violated when the military judge ruled that the evidence that he sought to cross-examine SR on was barred by MRE 412.
Next the CAAF looked at whether the CGCCA
could approve a conviction for the lesser included offense of assault consummated by a battery, when both parties waived it and the military judge did not instruct the members on it.
As the CGCCA
opinion points out, the "[a]ppellant's short Coast Guard career was not without problems.
213) The CGCCA
held that the e-mail on its own was not "an apparent ground for challenge for cause" and ruled that the military judge did not abuse his discretion by failing to sua sponte reopen voir dire.