United States v. Mallicote

(dissenting) :

I dissent.

My brothers and I are in full agreement on the law of this case, i.e., that an assistant staff judge advocate is disqualified to participate in the preparation of a post-trial review if he has acted as a member of the prosecution even though not formally named in the appointing orders. Indeed, such is the command of the Uniform Code of Military Justice and the teaching of our cases. Code, supra, Article 6, 10 USC § 806; United States v Coulter, 3 USCMA 657, 14 CMR 75; United States v Hightower, 5 USCMA 385, 18 CMR 9; United States v Haimson, 5 USCMA 208, 17 CMR 208;…