United States v. Nix

Opinion of the Court

COX, Judge:

Appellant stands convicted of wrongfully socializing with students while he was an instructor, maltreating a subordinate, wrongfully using marijuana, and committing consensual sodomy.1 On appeal, appellant complains that referral of the charges against him was tainted by the vindictive motives of his commanding officer, who was the special court-martial (SPCM) convening authority. We granted review of the following issue:

WHETHER AN OFFICER WITH AN OTHER-THAN-OFFICIAL INTEREST *7IN A CASE MAY MAKE THE DISCRETIONARY DECISION TO ORDER A PRETRIAL INVESTIGATION OF THE…