United States v. Witt

MARKSTEINER, S.J., delivered the opinion of the Court, in which HELGET, C.J.,1 and HARNEY, S.J., join. MITCHELL, J., filed an opinion concurring dubitante. SARAGOSA, J., with whom PELOQUIN, J.,2 joins, filed an opinion concurring in part and dissenting in part. PELOQUIN, J., filed an opinion concurring in part and dissenting in part.

OPINION OF THE COURT UPON RECONSIDERATION

MARKSTEINER, Senior Judge:3

Table of Contents

I. Background ... 753

II. Findings Issues ... 755

A Qualifications of Trial Defense Counsel ... 755

B. Challenge for Cause of Colonel DH ... 757

C. Unlawful Command Influence ... 758

D.…