United States v. Clark

I concur.

In my dissenting opinion in United States v Zemartis, 10 USCMA 353, 27 CMR 427, I spelled out my reasons for concluding that there was neither error on the part of the president of the special court-martial nor prejudice to the accused. While in his dissent in this case Judge Ferguson identifies me as author of the later case of United States v Downing, 11 USCMA 650, 29 CMR 466, he should get no solace from that fact. For reasons which ought to be apparent to the reader it was published as a per curiam decision and it specifically notes that the law announced in Zemartis was fixed by…