Earle v. Harlow

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that missing defense exhibits of appellant’s combat service was substantial when not transcribed and no adequate substitute admitted
• returning case to convening authority to either complete the record or approve a nonverbatim sentence where record of trial was missing a defense exhibit videotape of appellant flying during Desert Storm/Shield admitted during sentencing
• returning ease to convening authority to either complete the record or approve a nonverbatim sentence where record of trial was missing a defense exhibit videotape of appellant flying during Desert Storm/Shield admitted during sentencing
• trial counsel’s affidavit describing missing defense sentencing exhibits (videotapes) insufficient to overcome presumption of prejudice
• “[Ajppellant’s testimony in extenuation and mitigation is [not] sufficiently duplicative of the [defense sentencing exhibits] to minimize the omission of the [evidence].”
• “[A]ppellant’s testimony in extenuation and mitigation is [not] sufficiently duplicative of the [defense sentencing exhibits] to minimize the omission of the [evidence].”

Source: CourtListener parenthetical corpus (CC0).