United States v. Devins

Following the ratio decidendi of United States v. Bryant, 3 M.J. 396 (C.M.A.1977), I concur with my brethren in their disposition of appellant’s assertion that the rule established in Dunlap v. Convening Authority, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974), is for application in his case.

I am unable, however, to join my compatriots in their resolution of the violation of the mandate created in United States v. Goode, 23 U.S.C.M.A. 367, 50 C.M.R. 1, 1 M.J. 3 (1975). While they concede that the staff judge advocate erred in not providing the trial defense counsel with a copy of his review until…