United States v. Malczewskyj

DECISION

BLOMMERS, Judge:

The appellant’s court-martial was convened by a special order detailing nine members thereto.1 A subsequent amending order relieved five of these members and detailed four new members, leaving eight members on the panel. See generally R.C.M. 505. From the record, it appears that the “wrong panel” (we presume this to be the members detailed by the original convening order) was notified of the trial date. On the morning the court was ready to assemble with the members, efforts were made to contact the “right panel” members, but only three were available. A general…