Court-Martial Trial Practice Blog
Appellant personally raises three matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982),one of which warrants discussion and relief.
My colleagues and I often discuss the value of Grostefon. My personal theory is to be robust in asserting Grostefon errors on behalf of the client. This is based on my years of experience. I have seen the appellate courts take a Grosty issue, make something of it, and grant relief. I was reminded of the merit in putting in Grostefon issues with the recent Army Court of Criminal Appeals case, United States v. Coleman. Of course, that doesn’t mean that any relief is meaningful, as the result in Coleman shows.