Wednesday, February 7, 2007

Gen. Tom McInerney: Haditha Defendants' Rights Violated!!

"In United States v. Thomas, 22 MJ 388, 394 (CMA 1986) the court held that unlawful command influence was an error of constitutional dimension. Specifically, Thomas applied the test for constitutional error and held that an appellate court may not affirm the findings or sentence 'unless it is persuaded beyond a reasonable doubt that the findings and sentence have not been affected by the command."

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