United States v. Butler

Opinion of the Court

FLETCHER, Judge:

At his general court-martial,1 appellant properly requested trial before a military judge, sitting alone. This was summarily disapproved by the military judge without explanation. Appellant then moved for reconsideration of this denial, which motion was, likewise, denied. We granted review to consider whether the military judge *73erred in denying, without reasons, appellant’s request for trial by military judge alone. 10 M.J. 392 (1981).

We conclude that, under Article 16, Uniform Code of Military Justice, 10 U.S.C. § 816, discretion lay with the military…