United States v. Marsh

UPON RECONSIDERATION

The United States, pursuant to Rule 20, Rules of Practice and Procedure, Courts of Military Review, has moved for reconsideration of the remedy directed by the Court in this case. The Court by separate order dated 16 June 1981, has granted the motion.

Upon reconsideration we modify the remedy to authorize a rehearing limited only to determining the factual circumstances bearing on jurisdiction, which inquiry was precluded by the ex post facto application by the military judge, of Article 2, Uniform Code of Military Justice (UCMJ) 10 U.S. C.A. § 802, amendments at the…