United States v. Gordon

OPINION OF THE COURT

FULTON, Senior Judge:

In the context of a special court-martial convened by a general court-martial convening authority and empowered to adjudge a bad-conduct discharge,1 we are asked to determine that Army regulations pertaining to the appointment of judges to courts-martial unlawfully interfere with the convening authority’s statutory obligation to personally detail the trial judge. We decline to so hold.

Appellant’s trial by special court-martial was presided over by Captain James D. McManus, Jr., as the military trial judge. His detail was evidenced by Court-Martial…