United States v. Mixson

OPINION OF THE COURT

The issue raised on reconsideration in this petition is the retroactive effect, if any, of the holding of this Court in United States v. Newcomb, 5 M.J. 4 (C.M.A.1978). In that opinion this Court ruled that a court-martial was improperly constituted when the military judge and counsel were assigned to that forum by a staff judge advocate acting by delegation and on behalf of the convening authority. See Article 26, Uniform Code of Military Justice, 10 U.S.C. § 826. We believe this decision embraced the first clearly articulated interpretation of this statute on the granted…