Mangsen v. Snyder

MEMORANDUM OPINION OF THE COURT

At an Article 39(a)1 session, petitioner through his defense counsel moved to dismiss the charge against him2 on the ground that the court-martial lacked jurisdiction over the accused.3 After hearing testimony on the motion and argument by both counsel, the trial judge granted the motion. Three weeks later, at another Article 39(a) session, the same trial judge stated on the record that he had received a letter from the convening authority, which letter expressed the convening authority’s disagreement with the military judge’s legal conclusion regarding…