United States v. Brede

Judge GREGORY

(concurring in the result):

I concur with Senior Judge Murray that the government has not met its burden in this instance to establish court-martial jurisdiction over this appellant; however, I disagree with his view that this burden requires proof beyond a reasonable doubt. Rather, I concur with the rationale expressed by Chief Judge Cedarburg in United States v. Barefield, 1 M.J. 962 (N.C.M.R. 1976), and by Judge Glasgow in United States v. Bobkoskie, 1 M.J. 1083 (N.C.M. *1161R.1977), that the jurisdictional question in this type of situation is an interlocutory one and that such…