Burtt v. Schick

Opinion of the Court

COX, Judge:

Appellant filed a writ-appeal petition with this Court from the adverse decision of the Court of Military Review denying his request for extraordinary relief. Two issues are presented:

I

WHETHER THE FIFTH AMENDMENT’S DOUBLE JEOPARDY CLAUSE BARS FURTHER PROCEEDINGS IN THIS MATTER SINCE THE MILITARY JUDGE FAILED TO EXERCISE SOUND DISCRETION BY *141GRANTING A MISTRIAL OVER DEFENSE OBJECTION IN VIOLATION OF PETITIONER’S CONFRONTATION RIGHTS.

II

WHETHER DOUBLE JEOPARDY BARS FURTHER PROCEEDINGS INVOLVING THE INDECENT ASSAULT CHARGE SINCE EVIDENCE WAS PRESENTED ON THAT CHARGE…