Loving v. Hart

I concur in denying both appellant’s petition for extraordinary relief and his petition for reconsideration of mandatory review insofar as either action would require this Court to reconsider the findings of guilty affirmed upon mandatory review. 41 MJ 213 (1994). I dissent with respect to the majority’s decision to affirm the sentence, however, because fundamental questions regarding the legality of the sentencing proceeding remain unresolved.

Three commissioned officers of the United States Army who served as members of appellant’s court-martial panel have executed sworn affidavits…