United States v. Bass

OPINION OF THE COURT

JONES, Senior Judge:

In this case we must determine whether the staff judge advocate demonstrated vindictiveness in the prosecution of appellant after the appellant had refused to accept punishment under Article 15, Uniform Code of Military Justice, 10 U.S.C. § 815. A proper treatment of the issue requires us to set forth in some detail a history of the proceedings.

I

Charges were preferred against the appellant on 6 February 1979, alleging rape, sodomy and obstruction of justice.1 The company and battalion commanders recommended trial by general court-martial, as did the…