United States v. Robbins

As the principal opinion acknowledges, Article 67(f), Uniform Code of Military Justice, does not require reference to the original convening authority as a categorical imperative in every case in which rehearing is ordered by an appellate tribunal. Circumstances may require that further proceedings be taken by a convening authority different from the one who originally reviewed the case. If the necessity is apparent on the record, the Court’s mandate will expressly provide that the case be referred to a different convening authority. See United States v Hicks, 18 USCMA 38, 39 CMR 38; United…