United States v. Kosek

Opinion of the Court

GIERKE, Judge:

The issue before us is whether the Air Force violated a remand order from this Court when it substituted a new military judge at appellant’s court-martial after we ordered that the record be returned to “the military judge” for reconsideration.1 See 41 MJ 60, 65. We hold that any error in substituting the military judge after assembly of the court-martial was affirmatively waived.

Appellant was charged with possession, use, and distribution of cocaine, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. After his general…