United States v. Ellison

I agree fully with the majority opinion. Although a court-martial lacks the permanence of a Federal District Court, it does have some continuity and does not change with every variation in the membership of the court. Thus, if a convening authority refers a case for trial by a court-martial which he has appointed, he does not have to refer the case again when a member is excused or replaced; despite the change in members, the court-martial remains the same. Moreover, the language of Article 29, Uniform Code of Military Justice, 10 U.S.C. § 829, which deals with “Absent and additional…