United States v. Newson

ROM 912(g)(1), Manual for Courts-Martial, United States, 1984, prescribes, “Ordinarily the trial counsel shall enter any peremptory challenge before the defense.” I agree with the majority that the military judge violated this provision when he permitted trial counsel the extraordinary option of exercising his peremptory challenge after the defense, regardless that the record reflects only rather ordinary trial circumstances. Notwithstanding the judge’s expression to the contrary, regular is not whatever he says it is. The rule establishes the norm here, not the military judge.

However, I…