United States v. Quick

BAKER, Judge*

(concurring);

I concur with the majority opinion and its compelling analysis of stare decisis. I write separately to make three additional points.

First, while neither the Government nor Appellee have analyzed the historical underpinnings o'f Article 66(d), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(d) (1996), the legislative history of the UCMJ and the predecessor Articles of War clearly indicates that Congress empowered the courts of criminal appeals — previously the boards of review — to order rehearings on sentence. The authority was first established in 1920, in…