United States v. Stricklin

I concur in part and dissent in part.

I agree that there is in this record sufficient independent evidence to corroborate the accused’s confession. Paragraph 140a (5), Manual for Courts-Martial, United States, 1969 (Revised edition). However, I do not agree with my brothers’ holding that the accused was not prejudiced as to sentence by the erroneous advice in the post-trial review of the staff judge advocate. United States v Lopes, 20 USCMA 495, 43 CMR 335 (1971); United States v Hamilton, 20 USCMA 519, 43 CMR 359 (1971).

The supervisory authority is, in the court-martial process, an…