United States v. Young

I respectfully dissent. While I agree with my Brothers on the law cited in the majority opinion, I disagree on its application to the peculiar facts of this case.

In addition to the comments of the trial counsel cited in the majority opinion, it is helpful to consider the complete discussion, at trial, between the military judge, the trial counsel, the defense counsel, and the appellant concerning the latter’s request for trial by military judge alone.

MJ: The government’s reconsidered [its] position about wanting to go forward [on the additional charges]?

TC: Exactly. I couldn’t have said it…