United States v. Grady

Summary

The court held that repeated references during sentencing to Strategic Air Command drug policies improperly influenced the members and that the military judge had a sua sponte duty to interrupt the argument and provide limiting instructions. Because the military judge failed to do so and the accused was prejudiced, the court reversed the lower court’s decision as to sentence and set aside the sentence, authorizing a rehearing.

Holdings

1. A military judge has a sua sponte duty to interrupt and restrict counsel's references to departmental or command policies before sentencing members and to provide appropriate limiting instructions.
2. The repeated references to SAC command policy, combined with the military judge's failure to interrupt and give timely limiting instructions, were prejudicial error; the sentence therefore had to be set aside.

Questions Presented

1. Whether a military judge has a sua sponte duty to restrict counsel's argument before sentencing members when counsel refer to command policy.
2. Whether the military judge's failure to interrupt repeated references to SAC drug policy and give appropriate limiting instructions constituted prejudicial error requiring the sentence to be set aside.

Disposition

reversed