United States v. Weaver

(concurring in the result) :

I concur in the result.

This case points up the distinction between permitting counsel for the pretrial investigating officer to serve thereafter as trial counsel in the same case and permitting the prosecutor himself to appear in his proper capacity at the pretrial investigation. In my opinion, the former must be considered disqualified to act thereafter as a member of the prosecution. Uniform Code of Military Justice, Article 27, 10 USC § 827; United States v Bound, 1 USCMA 224, 2 CMR 130; United States v Lee, 1 USCMA 212, 2 CMR 118. And see my separate opinion in…