Legal Opinion · Concurrence

United States v. Sperling

U.S. Army Court of Military Review

Decided February 18, 1977No. CM 434857Published

1ConcurrenceClause, Senior Judge

I do not believe that the circumstances of this case warrant a determination that paragraph 82f, MCM 1969 (Rev.), was impermissibly invoked by the trial counsel in authenticating the record “in the absence of” the military judge. The judge was absent at the time of the authentication and had been so absent for more than 17 days. There has been no showing or allegation that the trial counsel was aware of the judge’s imminent return. Under the law and practice then in effect I see no reason for requiring more in á simple guilty plea case which required only a couple of insignificant…

2Cases cited2 opinions

  1. United States v. WilsonU S Air Force Court of Military Review · 1976
  2. United States v. StewartU.S. Army Court of Military Review · 1976

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