Name: Monty J. Harris
Case: United States v. Harris No. 98-0914
Date Of Appeal: May 11, 1999
Plea: Not Guilty
Charges: Indecent acts, rape and sodom of a chid
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO - DECEASED
Judge CRAWFORD delivered the opinion of the Court.
Contrary to his pleas, appellant was convicted of 2 specifications of rape, 3 specifications of committing indecent acts with a child, 1 specification of taking indecent liberties with a child, and 1 specification of forceful sodomy of a child, in violation of Articles 120, 134, and 125, Uniform Code of Military Justice, 10 USC §§ 920, 934, and 925, respectively.
The convening authority approved the sentence of a dishonorable discharge, 30 years' confinement, and reduction to the lowest enlisted grade.
This is not a case where the errors went unnoticed or uncorrected at the time they occurred. The military judge maintained control over the entire proceedings, and thereby caught and took corrective action when inadmissible credibility and uncharged misconduct evidence was improperly broached by trial counsel.
Thus, we hold that the judge did not abuse his discretion by not sua sponte declaring a mistrial. We further hold that the corrective action taken by the military judge assured appellant a fair trial, especially in light of appellant’s expressed desires.
The decision of the United States Army Court of Criminal Appeals is affirmed
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Conviction Records
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Monty J. Harris
Sergeant U. S. Army
Convicted Sex Offender
Indecent Acts Rape And Sodomy Of A Child
