Wednesday, May 20, 2009
AFCCA today issued a published opinion construing the scope of the government's case in aggravation suprisingly narrowly. United States v. Moore, __ M.J. ___, No. S31502 (A.F. Ct. Crim. App. May 20, 2009). Senior Judge Heimann wrote for the court, holding that in this case which included findings of guilty under Article 112a, the government couldn't present uncharged incidents of post-offense drug use as evidence in aggravation under R.C.M. 1001(b)(4).