United States v. Washington

Opinion of the Court

DARDEN, Judge:

The Judge Advocate General of the Army inquires by way of certificate:

Was the Court of Military Review correct in its determination that failure to transmit the case for rehearing to the convening authority who originally referred the case to trial resulted in jurisdictional error thereby rendering the rehearing proceeding null and void?

The certified question has meaning only to a reader with knowledge of the following facts.

On February 2, 1967, Private First Class Minor Washington, Jr., was convicted of premeditated murder by a general court-martial that had…