United States v. Waldron

I dissent.

The law officer of a general court-martial may not, under the guise of declaring a mistrial, rule finally on challenges of court members, for he is expressly forbidden to do so by Uniform Code of Military Justice, Article 51, 10 USC § 851. I am of the view jeopardy attached in the first trial of this case and that, in consequence, on the second trial, the accused’s plea in bar should have been sustained.

0Moreover, I believe the record does not sustain the premise of the principal opinion that the members involved were “definitely disqualified,” for, though opportunity therefor was…