United States v. Baca

(concurring in the result) :

The president of a special court-martial has responsibilities that transcend his role as a court member. For example, he alone is responsible for determining proper instructions on applicable rules of law, United States v Pinkston, 6 USCMA 700, 21 CMR 22; and his instructions are not subject to objection by any court member. United States v Bridges, 12 USCMA 96, 30 CMR 96. In this area, therefore, he certainly has the right to confer with counsel and the accused out of the presence of the other court members. Moreover, the Manual for Courts-Martial, United States,…