United States v. Perkinson

Opinion

FLETCHER, Judge:

This case * was granted review to consider two questions:

I

WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY FAILING TO (A) SET FORTH THE PROPER PROCEDURES TO BE UTILIZED IN RECONSIDERATION AND (B) DETAIL AND TAILOR HIS INSTRUCTIONS AS TO POSSIBLE CLEMENCY RECOMMENDATIONS TO *401THE SITUATION WHICH HAD DEVELOPED?

II

WHETHER THE COURT-MARTIAL LACKED JURISDICTION TO PROCEED WHEN THE PURPORTED ORAL MODIFICATION TO THE CONVENING ORDER ON 3 MARCH 1981, APPARENTLY DETAILING THE MEMBERS WHO SENTENCED APPELLANT, WAS NOT REDUCED TO WRITING AND MADE PART OF…