United States v. Crotchett

PUBLISHED OPINION OF THE COURT

BOOKER, Judge:

In United States v. Neal, 67 M.J. 675 (N.M.Ct.Crim.App.2009), which presented a challenge of first impression to the revised Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920, we granted a Government appeal and reversed the trial court’s ruling that the combination of Article 120(e) and Article 120(r) and (t), UCMJ, denied accused service members due process.

Today we are faced with another due-process challenge to the statute. Under Article 62, UCMJ, 10 U.S.C. § 862, the United States has appealed the trial judge’s ruling that…