United States v. Hernandez

Opinion of the Court

EVERETT, Senior Judge:

The issue before this Court concerns the validity of a waiver of appellate review executed by Private Hernandez prior to the convening authority’s action on his case. We hold that, because the purported waiver did not comply with the Uniform Code of Military Justice, it had no legal effect, so appellant was entitled to appellate review by the United States Navy-Marine Corps Court of Military Review and, thereafter, to submit a petition for review to this Court.

I

On December 6, 1989, Hernandez was tried by a military judge sitting as a special…