Right to confront witnesses

  1. militarylawyersucmj2015United States v. Carr, 25 M.J. 637 (A.C.M.R. 1987). Trial counsel may not argue the adverse impact flowing from the accused’s exercise of his constitutional rights to confront and cross-examine witnesses against him.
  2. However, it may be permissible to elicit “a brief reference to the effect of the entire proceeding (including, but not limited to, the trial) on Appellant’s victim.”
    United States v. Stephens, 67 M.J. 233 (C.A.A.F. 2009).