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  1. United States v. Fitzgerald , 44 M.J. 434 (1996). Two specifications each allegedmultiple discrete acts of sodomy and indecent acts. As to discrete acts alleged in specifications, MJ suggested straw vote on specification as charged, then treating individual discrete acts separately as lesser included offenses. Instructions likely inured to benefit of accused, and brought no objection from counsel. Court found waiver by defense, no plain error, and affirmed findings and sentence.
  2. United States v. Lawson , 16 M.J. 38 (C.M.A. 1983). Straw polls, i.e., informal non-binding votes, are not specifically prohibited, but are discouraged. Cannot be used directly or indirectly to allow superiority of rank to influence opinion.