United States v. Martin

Opinion of the Court

CRAWFORD, Judge:

At a special court-martial, appellant was convicted, pursuant to his pleas, of distribution and use of marihuana in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. He was sentenced by court members to a bad-conduct discharge and reduction to the lowest enlisted grade. The convening authority approved the sentence. The Court of Military Review affirmed. 36 MJ 739 (1993). We granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED BY ALLOWING TRIAL COUNSEL OVER DEFENSE OBJECTION, TO CHOOSE THE ORDER OF SENTENCING…