United States v. Brinston

Opinion of the Court

EVERETT, Chief Judge:

On review of the accused’s general court-martial conviction for failure to repair (5 specifications), wrongful use of marijuana, assault and battery, and bank fraud (2 specifications),* the Court of Military Review held that the charges against Brinston had been improperly referred to trial by a person who lacked authority to convene a general court-martial. 28 MJ 631 (1989). Accordingly, the court set aside the findings and sentence and authorized “an ‘other’ trial” under RCM 1107(e)(2), Manual for Courts-Martial, United States, 1984. 28 MJ at 633.

The…