United States v. Brown

OLIVER, Senior Judge:

This case raises a question of first impression: whether a special court-martial convening authority, other than the one who convened the court-martial, can lawfully take the post-trial action under Article 60(c), Uniform Code of Military Justice, 10 U.S.C. § 860(c), and Rule for Courts Martial 1107(a), Manual for Courts Martial (2000 ed.). We conclude that he may not lawfully do so and will return the record to the Judge Advocate General for remand to the original or other appropriate convening authority for a new action.

A military judge, sitting as a special…