United States v. Reeves

OPINION OF THE COURT

FULTON, Senior Judge:

The issue to be resolved in this case is whether, when a military judge acts as a military magistrate for determination of the legality of an accused’s continued pretrial confinement in accordance with Army regulations pertaining to that function, he necessarily becomes an “investigating officer” within the meaning of Article 26(d), Uniform Code of Military Justice, 10 U.S.C. § 826(d) (1976), and, therefore, is ineligible to act as military judge in the subsequent trial of the accused. On the basis of our previous holding in United States v.…