United States v. Sorrell

The lower court stated that the assistant staff judge advocate, Major Garrard, was not disqualified from preparing the post-trial recommendation in this case. I disagree. Clearly, there was a material factual dispute in this ease between Major Garrard and appellant as to the existence of a post-trial agreement to secure clemency. Under the decisions of this Court in United States v. Lynch, 39 MJ 223, 228 (1994), and United States v. Decker, 15 MJ 416, 418 (1983), it was error for such an officer to prepare or assist in preparation of the post-trial recommendation.

In the case at bar, the…