United States v. Barnes

As noted by the majority, we undertook review of this case to examine the appellant’s claims that the post-trial review was inadequately prepared to his prejudice. Although I share the conclusion of the majority that the facts of this ease properly support invocation of the waiver doctrine under our decision in United States v. Goode, 23 U.S.C.M.A. 367, 50 C.M.R. 1, 1 M.J. 3 (1975), I feel it necessary additionally to address briefly one of the claimed deficiencies in the review. Appellate defense counsel argue that the failure of the staff judge advocate to advise the convening authority of…