United States v. Grooters

Since this case should go back for a rehearing, I believe this Court has a responsibility to comment upon a clearly erroneous ruling by the Court of Military Review and reversible error in the military judge’s instructions. I also believe that the majority misses an opportunity to reconcile Issue I with Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), by misapplying the law-of-the case doctrine. As a result, the majority fails to point out revers*274ible error in Issue II concerning the instructions on attempted unpremeditated murder.

ISSUE I

FACTS

Appellant, Private Maruca,…