Counsel may not make misleading arguments

  1. militarylawyers928SI332015United States v. Cassity , 36 M.J. 759 (N.M.C.M.R. 1992) (finding error in government’s disingenuous argument for leniency as to confinement which was designed to enhance punishment by operation of the pretrial agreement). Trial counsel may not argue for a quantum of punishment greater than that court- martial may adjudge. R.C.M. 1001(g).
  2. United States v. Martinez , 30 M.J. 1194 (A.F.C.M.R. 1990). Where the government allowed an accused to plead guilty as an aider and abettor in providing the gun to actual shooter, it could not then argue that the accused pulled the trigger.

misleading arguments

quantum of punishment