United States v. Johnwell

OPINION OF THE COURT

GARN, Judge:

The initial session of the appellant’s trial occurred on 25 October 1979. At that session, prior to entering a plea, the appellant’s trial defense counsel stated the defense wished to raise a motion relating to jurisdiction because, he asserted, the appellant’s enlistment was made possible by recruiter misconduct and was, therefore, void. The military judge obviously recognized that resolution of that motion would be complex and time consuming. Because trial of the merits of the case by members was scheduled to begin within minutes of the raising of the…