United States v. Credit

Opinion

COOK, Judge:

Contrary to appellant’s pleas, a general court-martial convicted him of rape, in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. We originally granted review to consider two issues:

I. WHETHER THE MILITARY JUDGE ERRED PREJUDICIALLY BY DENYING THE DEFENSE REQUEST FOR SUBPOENA OR DEPOSING OF SEVERAL WITNESSES WHO WERE MATERIAL AND NECESSARY TO THE DEFENSE OF THE CASE.

II. WHETHER THE RECORD OF TRIAL WAS AUTHENTICATED BY A PERSON WHO WAS AUTHORIZED TO DO SO.

We answered the second issue in the negative but did not address the first issue, and we…