United States v. Justice

I dissent.

I am unable to join in any way with my brothers in their view that a rehearing is not required in this case with respect to the charge of rape, in violation of Uniform Code of Military Justice, Article 120, 10 USC § 920. In my opinion, the need for reversal because of the introduction of the bloodstained bedding and failure to declare a mistrial after ruling accused’s oral pretrial statement inadmissible is amply demonstrated by this record. I am not persuaded that we may properly avoid this result by weighing the evidence and resolving plain factual issues in favor of the United…