United States v. Talty

LECORNU, Judge:

This case is before this Court for a second time, on remand from the United States Court of Military Appeals as a result of an order granting appellant’s motion to attach additional documents in connection with his petition to that Court. The documents in question, in that Court’s opinion, raise for the first time an issue of fact requiring resolution by this Court.

On 12 February 1982, appellant, in consonance with his plea, was found guilty at a special court-martial bench trial of a violation of Article 90, Uniform Code of Military Justice (UCMJ) 10 U.S.C. § 890; namely,…