United States v. Grandy

Contrary to the dissenting judge’s position, I do not find that my opinion in United States v. Clark, 7 M.J. 178 (C.M.A.1979), requires that this case be affirmed. The military judge in Clark noted various factual conclusions when he advised the court members that he had made a preliminary ruling on the admissibility of accused’s pretrial statement. The accused argued before this Court that the specific reference to the factual conclusions improperly influenced the court members in their determination of the voluntariness of the pretrial statement. We rejected the defense position because the…