United States v. Corcoran

Opinion of the Court

FLETCHER, Judge:

Appellant was tried by a special court-martial * military judge sitting alone, of various offenses, including willful disobedience of a superior commissioned officer. We granted review of the following issues:

I

WHETHER THE NAVY-MARINE CORPS COURT OF MILITARY RE*138VIEW ERRED BY CONCLUDING THAT THE CONVENING AUTHORITY WAS NOT AN ACCUSER AND THEREFORE NOT DISQUALIFIED TO CONVENE THE COURT-MARTIAL?

II

WHETHER, BECAUSE OF HIS PERSONAL INTEREST IN THE OUTCOME OF THE CASE, THE CONVENING AUTHORITY, OR A SUBORDINATE IN HIS COMMAND, WAS DISQUALIFIED FROM TAKING POST-TRIAL…