United States v. Fenwrick

OPINION OF THE COURT

ORR, Judge:

The military judge in this case granted a defense motion to dismiss the charge and specifications because she found that the general court-martial convening authority (GCMCA) had systematically and improperly excluded lieutenants from service on the accused’s court-martial panel. Thus, she concluded that the court-martial lacked jurisdiction. In response, the government submitted an appeal of her decision to this Court pursuant to Article 62, UCMJ, 10 U.S.C. § 862.

This Court initially granted review of the following issue:

WHETHER THE MILITARY JUDGE INCORRECTLY…