United States v. Williams

The Court of Military Review held that the military judge erred in permitting Dr. Grant to testify as he did, 35 MJ 812, 819 (1992), but that appellant did not suffer any prejudice from that error. 35 MJ at 819. We granted review to consider the correctness of the holding of no prejudice. The majority agrees with the court below, and I join in that conclusion.

Then, however, the majority gratuitously visits the ungranted question whether the Court of Military Review was correct in its underlying holding in appellant’s favor that the testimony was improper. In footnote 2 of its opinion, the…