Counsel may comment on the accused’s status as officer or NCO, but not duty position

  1. 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.
  2. 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).

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