United States v. Taylor

DECISION AND ACTION ON PETITION FOR NEW TRIAL

KASTL, Senior Judge:

Staff Sergeant Taylor petitions us for a new trial under Article 73, UCMJ, 10 U.S.C. § 873. Instead, we will order a hearing pursuant to United States v. DuBay, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967). The results of this DuBay hearing will likely impact upon our eventual disposition of the petition for new trial under Article 73.

I

Sergeant Taylor was convicted by a general court-martial with members of rape and indecent acts upon his stepdaughter, MC. She was between 12 and 14 at the time. These are violations of Articles 120…