2010 (September Term)
United States v. Flores, 69 M.J. 366 (it is well established that an appellate court can order a rehearing based on the accumulation of errors not reversible individually).
(appellate courts are far less
likely to find
cumulative error where the record contains overwhelming evidence of an
guilt; in this case, with respect to the errors found, there was not a
reasonable possibility that, taken cumulatively, the errors might have
contributed to the conviction where the evidence of appellant’s guilt
United States v. Pope, 69 M.J. 328 (under the cumulative-error doctrine, a number of errors, no one perhaps sufficient to merit reversal, in combination necessitate the disapproval of a finding; an appellate court will reverse only if it finds the cumulative errors denied appellant a fair trial).
States v. Gray, 51 MJ 1 (cumulative error is premised on
existence of errors, no one of which merits reversal, but in
necessitate the reversal of a finding or sentence; however, assertions
without merit are not sufficient to invoke the doctrine of cumulative