United States v. Kohut

REED, Senior Judge:

In this case we hold that a convening authority’s failure to obtain prior approval from the Judge Advocate General [JAG] to refer offenses, which had been adjudicated in state judicial proceedings, to a court-martial is not a jurisdictional bar to trial by court-martial, even though such approval is required by Department of the Navy regulations. See Manual of the Judge Advocate General [JAGMAN], JAGINST 5800.7C of 6 Aug 1992, § 0124a. Put in a slightly different manner, a court-martial convened by such a commander does not lack jurisdiction to try such offenses.

BACKGROUND

Th…