United States v. Stearman

Opinion of the Court

FLETCHER, Chief Judge:

During the proceedings of the appellant’s special court-martial,1 a DD Form 1722, Request for Trial Before Military Judge Alone, was presented to the trial judge and approved. The appellant’s name was typed in the space at the top of the form provided for the military judge’s name. We are urged that this Court’s decisions in United States v. Montanez-Carrion, 22 U.S.C.M.A. 418, 47 C.M.R. 355 (1973); United States v. Grote, 21 U.S.C.M.A. 519, 45 C.M.R. 293 (1972); and United States v. Brown, 21 U.S.C.M.A. 516, 45 C.M.R. 290 (1972), are dispositive and…