United States v. Koenig

OPINION OF THE COURT ON FURTHER REVIEW

Our former decision of 30 October 1975 was vacated and the case remanded to us by the Court of Military Appeals pending the Court’s disposition of the related issues present in United States v. Courtney, 1 M.J. 267 (C.M.A.1976); United States v. Jackson, 3 M.J. 101 (C.M.A.1977); United States v. Graves, 23 U.S.C.M.A. 434, 50 C.M.R. 393, 1 M.J. 50 (A.C.M.R.1976), affirmed by Order # 31110, 3 M.J. 186; and United States v. Mosely, 1 M.J. 350 (C.M.A.1976).

In Courtney the Court of Military Appeals determined that Courtney was denied equal protection of the…