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CAAFlog

Court of Appeals for the Armed Forces

7/10/2022

 
No. 22-0090/AF. U.S. v. Andrew P. Witt. CCA 36785. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
 
DURING SENTENCING PROCEEDINGS THE TRIAL COUNSEL URGED THE PANEL MEMBERS TO CONSIDER HOW THE SENTENCE THEY IMPOSED WOULD REFLECT ON THEM PERSONALLY AND PROFESSIONALLY, AND SUGGESTED THAT THE MEMBERS WOULD BE RESPONSIBLE FOR ANY HARM APPELLANT COMMITTED IN THE FUTURE. DID THE TRIAL COUNSEL'S SENTENCING ARGUMENT CONSTITUTE PROSECUTORIAL MISCONDUCT THAT WARRANTS RELIEF?

Witt at AFCCA.

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