United States v. Rick

DECISION

ARROWOOD, Judge:

The accused pleaded guilty to two specifications of absence without leave, violations of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886.

First, appellate defense counsel contend that the accused’s pretrial confinement was unlawful since the record of trial was devoid of any indication that the accused was afforded a pretrial confinement hearing. Courtney v. Williams, 1 M.J. 267 (C.M.A.1976). No objection was made at trial concerning either pretrial confinement or the pretrial confinement hearing. The trial court was the appropriate forum for litigating…