Satterfield v. Drew

Opinion of the Court

EVERETT, Chief Judge:

I

On April 21, 1983, petitioner was charged in a single specification with wrongful use of marihuana “on or about the period 27 March 1983 to 5 April 1983,” in violation of Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934. On May 24, 1983, the Commanding Officer of the Naval Air Station at Norfolk, Virgnia, referred the charge for trial by special court-martial.

Before trial, the military judge convened an Article 39(a)1 session on August 1, 1983; at that time the defense made several motions. Among them was a “Motion to Dismiss on…