United States v. Gillespie

OPINION OF THE COURT

FELDER, Judge:

The appellant was convicted by general court-martial in a trial by judge alone of fraudulent enlistment, rape and robbery in violation of Articles 83, 120 and 122, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 883, 920 and 922. He now seeks a rehearing before this Court pursuant to Article 66, UCMJ, 10 U.S.C. § 866, on the rape and robbery charges because the victim’s pretrial photographic identification of him was conducted in an impermissibly suggestive manner so as to cause irreparable misidentification.

The photographic confrontation was conducted…