United States v. Manuel

(concurring in the result) :

I concur in the result.

In view of the disagreement between my brothers, I deem it necessary to express my views separately.

There is no dispute between them as to what occurred in the closed hearing; rather, their differences arise over the interpretation placed thereon. We are here dealing with a procedure which is found only in military law, expressly provided for in Article 39, Uniform Code of Military Justice, 10 USC § 839, and for which there are no civilian precedents.

The cited Article provides in pertinent part that “After a general court-martial has finally…