United States v. Newson

Opinion of the Court

COX, Judge:

Appellant was tried by a special court-martial composed of officer and enlisted members. Contrary to his pleas, he was convicted of assault consummated by battery, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. He was sentenced to a bad-conduct discharge, confinement for 3 months, and reduction to the lowest enlisted grade. The convening authority approved the sentence, and the Court of Military Review affirmed. 26 MJ 719 (1988). We granted review of the following issue:

WHETHER THE COURT BELOW ERRED IN FAILING TO GRANT RELIEF AFTER…