Lewis v. United States

Petitioner contends, and the Government in its reply admits, that a request for trial by military judge alone at his trial by general court-martial was improperly executed in that it omitted to specify the name of the judge who was requested to try the case. As a consequence, the court-martial which was convened on May 22, 1970, to try him lacked jurisdiction to hear the petitioner’s case. United States v Brown, 21 USCMA 516, 45 CMR 290 (1972); United States v Grote, 21 USCMA 519, 45 CMR 293 (1972); United States v Rountree, 21 USCMA 62, 44 CMR 116 (1971); United States v Dean, 20 USCMA 212,…