Counsel may comment on the accused’s status as officer or NCO, but not duty position.
- Counsel may mention accused’s status as officer or NCO. United States v. Everett , 33 M.J. 534 (A.F.C.M.R. 1991). NCO status of accused was appropriate aggravating factor in drug use case.
- However, counsel may not argue that an accused should receive greater punishment because of their duty position , unless their position was integral to the commission of the offense. United States v. Rhodes , 64 M.J. 630, 632 (A.F. Ct. Crim. App. 2007), United States v. Skidmore , 64 M.J. 655, 661 (C.G. Ct. Crim. App. 2007).