United States v. Burnette

Opinion of the Court

COX, Judge:

Appellant was tried by a general court-martial which included enlisted members at Andrews Air Force Base, Maryland, and Bolling Air Force Base, Washington, D.C. Contrary to his pleas, he was convicted of three specifications involving use (2) and possession of cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a.1 We granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED WHEN HE REQUIRED APPELLANT TO ACCEPT THE GOVERNMENT PROCURED FORENSIC TOXICOLOGIST AS HIS OWN REQUESTED EXPERT.

The underlying events of the…