United States v. Elliott

OPINION OP THE COURT

COSTELLO, Judge:

Appellant was found guilty, contrary to his plea, of possession of 196 grams of hashish in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. He now asserts twofold error: that he was tried improperly because he was denied access to a witness he wanted for the proceedings on the sentence, and that the staff judge advocate misadvised the convening authority with respect to a trial ruling by the military judge. We find no error in the proceedings at trial, but there was error in the post-trial review.

The witness appellant…