United States v. Martin

OPINION OF THE COURT

The Army Judge Advocate General certified this case for review under the provisions of Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867(b)(2). The certificate of review requested that action be taken with regard to the following issues:

I. WAS THE COURT OF MILITARY REVIEW CORRECT IN ITS DETERMINATION THAT WRONGFUL POSSESSION OF AMPHETAMINES FALLS WITHIN THE AMBIT OF ARTICLE 134, CLAUSE 1 OR 2?

II. IF THE FIRST CERTIFIED ISSUE IS ANSWERED IN THE AFFIRMATIVE, DID THE COURT OF MILITARY REVIEW ERR IN ITS DETERMINATION THAT THE ELEMENTS OF PREJUDICIAL OR SERVICE…