United States v. Lockwood

I believe the majority in this case, has in effect, reconsidered the earlier decisions of this Court in United States v. Hopkins, 4 M.J. 260 (C.M.A.1978), and United States v. Sims, 2 M.J. 109 (C.M.A.1977), and reached a contrary conclusion. I cannot fault a court for reconsidering decisions they feel were decided contrary to the law at the time of those decisions. I do, however, have a problem when the court uses the same decisions available to the former sitting court and arrives at a contrary conclusion without an adequately expressed rationale as to why the earlier decisions were contrary…