United States v. Greene

I concur in the result reached by the majority. The secret written ballot was designed to protect against the intentional, as well as unintentional, influence of command and rank in panel deliberations. See United States v. Kendrick, 29 MJ 792, 793 (ACMR 1989). Furthermore, a post-trial affidavit by a member of the court-martial panel may be used when undue or unlawful command influence is said to have occurred during panel deliberations. United States v. Stone, 26 MJ 401 (CMA 1988). Moreover, neither I nor the majority of this Court have rejected use by the court below of a post-trial…