United States v. Jenkins

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The question raised by this appeal is whether in his post-trial advice the staff judge advocate misinformed the convening authority on the standard of proof he could use in his review of the case to determine the guilt or innocence of the accused. The same question was recently considered by us in United States v Grice, 8 USCMA 166, 23 CMR 390, and United States v Johnson, 8 USCMA 173, 23 CMR 397.

After careful consideration of the staff judge advocate’s advice to the convening authority, we are constrained to conclude that it clearly implies,…