United States v. Woodward

Opinion of the Court

FERGUSON, Judge:

The single issue presented in this case is whether the Commanding Officer, 3d Engineer Battalion (Rear), 3d Marine Division, Fleet Marine Force, located in the Ryukyus Islands, had the authority to appoint the special court-martial which tried the accused. Relying on our decision in United States v Ortiz, 15 USCMA 505, 36 CMR 3, petition for reconsideration denied, 16 USCMA 127, 36 CMR 283, the defense contends no such authority existed. The Government finds the same case to justify the existence of jurisdiction to appoint special courts-martial and further…