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  • Summarizing the evidence. R.C.M. 920(e) discussion.

    1. bestmilitarydefensedefenselawfirmThe military judge may summarize and comment upon evidence. However, themilitary judge should:
      1. Present an accurate, fair, and dispassionate statement of what the evidence shows;
      2. Not depart from an impartial role;
      3. Not assume as true the existence or nonexistence of a fact in issue when the evidence is conflicting or disputed, or when there is no evidence to support the matter;
      4. Make clear that the members must exercise independent judgment as to the facts.
    2. See generally United States v. Figura , 44 M.J. 308 (C.A.A.F. 1996).