United States v. Miller

Opinion of the Court

COOK, Judge:

In accordance with his pleas the appellant was convicted of numerous offenses by a special court-martial consisting of a military judge alone. We granted review to determine whether, under the unique circumstances of this case, that court-martial lacked jurisdiction.

The facts giving rise to the granted issue are not in dispute. Charges were referred to a special court-martial to which three persons, including Major J. C. James, were appointed as members. Both the appointing and referral orders were signed by Lieutenant Colonel W. M. Winoski. Appellant entered…