United States v. Batiste

OPINION OF THE COURT

WERNER, Judge:

Two issues have been presented by this appeal: 1) Whether it was proper for the trial counsel to authenticate the record of trial pursuant to Manual for Courts-Martial, United States, 1984, Rule for Courts-Martial 1104(a)(2)(B) [hereinafter R.C.M.] because one of the military judges hearing the case was on leave; and 2) If not, whether a post-trial affidavit from the judge in which he attested, “I have examined the original record of trial in this case and have found it to be an accurate transcription of the subject case,” sufficed to meet the authentication…