United States v. Murray

A

Article 34 of the Uniform Code — unlike Article 32 — contains no express provision that failure to comply with its provisions will not constitute a jurisdictional defect. Nonetheless, I agree with the majority opinion that, in light of the precedents of this Court, see, e.g., United States v. Ragan, 14 U.S.C.M.A. 119, 33 C.M.R. 331 (1963), and the applicable legislative history, failure by a staff judge advocate to provide the required pretrial advice is not a jurisdictional defect.

B

To conclude that the omission of the required pretrial advice is not “jurisdictional,” however, does not…