United States v. Gloria

I dissent. In this case appellate Government counsel has moved to set aside the findings and sentence, authorizing a rehearing, because the accuser was the reporter. I agree with the accused and the Government that the decision of the Court of Military Appeals in United States v. Moeller, 8 U.S.C.M.A. 275, 24 C.M.R. 85 (1957), requires this result.

In Moeller, the Court held that assignment of a nominal accuser as reporter is an error of sufficient moment to warrant reversal of the findings and sentence. See also United States v. Martinez, 11 U.S.C.M.A. 224, 29 C.M.R. 40 (1960); United States…