United States v. Yaul

DECISION

ARROWOOD, Judge:

Trial defense counsel asserts in the assignment of errors accompanying the accused’s request for appellate representation that the military judge committed prejudicial error when, prior to assembly of the court, he excused a court member over defense objection. We find that the objection, made after the court was assembled, was untimely and that the military judge did not abuse his discretion in overruling it.

When the trial counsel completed accounting for the members appointed to the court, the military judge made the following statement:

For the purpose of the record…