United States v. Gore

PRICE, Senior Judge:

The case before this court is an interlocutory appeal by the Government, pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 and Rule for Courts-Martial 908, Manual for Courts-Martial, United States (2002 ed.). The Government contends that the military judge erred as a matter of law when he: (1) concluded that the convening authority unlawfully influenced the court-martial proceedings; and (2) dismissed all charges and specifications with prejudice. We hold that the military judge did not err in his conclusion, but did err in his choice of remedy.

Proce…