United States v. Jones

Judge STUCKY delivered the opinion of the Court.

We granted review to consider whether the de facto officer doctrine conferred validity upon Laurence Soybel’s participation in the judgment of the United States Air Force Court of Criminal Appeals (CCA) in this case, despite the invalidity of his appointment as a judge to that court. We hold that because the defect in this appointment was not merely technical, but fundamental, the de facto officer doctrine cannot apply.

I. Background

Contrary to Appellant’s pleas, an officer panel convicted him of drunk driving, assault consummated by a battery,…