United States v. Smith

(concurring in the result) :

I concur in the result.

I disassociate myself entirely from the discussion of the staff judge advocate’s participation in the early pretrial stages of the case and his preparation thereafter of the advice to the convening authority under Uniform Code of Military Justice, Article 34, 10 USC § 834. In my opinion, it was erroneous for the staff judge advocate to act as he did and thereafter to advise the convening authority on the charges. See my dissenting opinions in United States v Dodge, 13 USCMA 525, 33 CMR 57, and United States v Mallicote, 13 USCMA 374, 32 CMR…