United States v. Wilson

I believe that MSG Blackstone was barred from sitting on this court-martial by Article 25(c)(1) of the Uniform Code of Military Justice. Clearly both appellant and MSG Blackstone were members of the same company. To me, the Code and the Manual (paragraph 4b, Manual for Courts-Martial, United States, 1969 (Revised edition)) adopt a strict test and preclude, in the Army, a member of an accused’s company from sitting as a court member at his court-martial. The duties of that court member within that company are irrelevant. Whether he stands formation, or knows the accused, is of no consequence.

Th…