United States v. Montcalm

I concur in the result.

Because there are some points with which I am at slight variance with Judge DeFord’s views I have written this separate opinion.

At the outset I will dispose of those matters I feel are points of law already settled by existing opinions.

Concerning the effect of the finality provisions of Article 76, UCMJ, I refer to United States v. Frischholz, 16 U.S.C.M.A. 150, *79336 C.M.R. 306 (1966) and Hendrix v. Warden, 23 U.S.C.M.A. 227, 49 C.M.R. 146 (1974), wherein the opinion is expressed that Article 76, UCMJ, doesn’t foreclose subsequent appeal. Also see Del Prado v. United…