United States v. Jolliff

Opinion of the Court

Article 6(c), Uniform Code of Military Justice, 10 USC § 806 prohibits any person who has acted as investigating officer in any case from later acting as “a staff judge advocate or legal officer to any reviewing authority upon the same case.” Here, the Article 32 investigating officer later prepared a draft of the post-trial review which became the basis of the formal advice by the staff judge advocate to the convening authority. It is apparent, therefore, that contrary to the command of Article 6(c), thé Article 32 officer “assist[ed] in inducing the approval” of the…