2024 (October Term)
United States v. Shelby, 85 M.J. 292 (the cumulative error doctrine is a prejudice test that looks retrospectively at a trial's execution and results to assess the cumulative effect of all plain errors and preserved errors; under the doctrine, appellate courts determine if a number of errors, no one perhaps sufficient to merit reversal, in combination necessitate the disapproval of a finding; and an appellate court will reverse only if it finds the cumulative errors denied the appellant a fair trial).
(the cumulative error doctrine does not apply in the pretrial context as the cumulative error doctrine is a prejudice test that looks retrospectively at a court-martial's execution and results to assess the cumulative effect of all plain errors and preserved errors).
2014 (September Term)
United States v. Castillo, 74 M.J. 39 (it is well-established that an appellate court can order a rehearing based on the accumulation of errors not reversible individually).
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
accused’s
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
was
indeed overwhelming).
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).