United States v. Hardy

Opinion of the Court

Quinn, Chief Judge:

Earlier, we remanded the record of trial to the board of review for further inquiry into the accused’s contention that he was deprived of an impartial post-trial review. United States v Hardy, 11 USCMA 521, 29 CMR 337. It appears that after our remand the Government and the accused agreed to take testimony by deposition from certain necessary witnesses. However, that procedure was not followed. Instead the board of review obtained an unsworn statement from the staff judge advocate, now retired, in which he said, in part, that he would “invoke all . . .…