United States v. Moffett

Opinion of the Court

Homer Ferguson, Judge:

The accused, after the completion of intermediate appellate review, stands convicted of four specifications in violation of Article 132, Uniform Code of Military Justice, 10 USC § 932.

We granted the accused’s petition for review to determine the following issue: “Whether the convening authority was disqualified through the giving of immunity” to a prosecution witness.

The only facts germane to the resolution of this question are that the same convening authority who granted the immunity also referred the case to trial and took post-trial action…