United States v. Mayfield

DeCICCO, Senior Judge:

In this case, we hold that the absence of a request for trial by military judge alone by the accused prior to assembly of a court-martial composed of a military judge alone is jurisdictional error, and that such a request in a post-trial session does not cure the error.

I. Background

Pursuant to his guilty pleas at a general court-martial, the appellant was convicted of the wrongful use and distribution of marijuana in violation of Article 112a, Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 912a. The military judge sentenced him to be confined for 6 months, to…