United States v. Simoy , 1998 CAAF LEXIS 1787 ( 1998 )

EFFRON, Judge

(concurring):

I agree that it is appropriate to limit the holding on sentencing to Issue III, which is dispositive. With respect to Issue I, which is addressed by Judges Sullivan and Gierke, I note that our opinion in United States v. Grill, 48 MJ 131 (1998), as well as the practice in federal civilian death penalty cases, in light of Article 36, Uniform Code of Military Justice, 10 USC § 836, see 18 USC § 3592(a)(4) and 21 USC § 848(m)(8), raise serious questions as to the validity of the ruling by the military judge excluding information about the sentence of a co-actor.