United States v. Hardin

ABERNATHY, Senior Judge:

Appellant has summarily assigned three errors for our consideration. We reject the first; the second and third are set forth as follows:

II

THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE CONSIDERED APPELLANT’S ABSENCE FROM TRIAL AS EVIDENCE OF INTENT TO SUPPORT THE FINDINGS OF GUILTY OF TWO SPECIFICATIONS OF DESERTION (R. 12). SEE UNITED STATES V. MINTER, 8 M.J. 867 (N.C.M.R.1980); UNITED STATES V. CONDON, 42 C.M.R. 421 (A.C.M.R. 1970).

III

THE STAFF JUDGE ADVOCATE’S REVIEW WAS ERRONEOUS IN INFORMING THE SUPERVISORY AUTHORITY THAT THE…