United States v. Edwards

I agree with Chief Judge Cox that any error in this case was harmless. Art. 59(a), Uniform Code of Military Justice, 10 USC § 859(a). I would also hold that disqualification of the Legal Officer was waived.

What happened at the court below is why we require pretrial matters to be raised at the court-martial in the first instance. If not raised at trial, we apply waiver absent plain error. Before the court below, the defense raised the issue that Lieutenant Commander (LCDR) Small was an accuser and thus could not sign the recommendation. The court below held that there was waiver, citing United…