United States v. Henderson

The majority holds that the lesser-included charge of negligently hazarding a vessel was *355“fatally tainted” by the lack of jurisdiction for the greater charge. On the contrary, the convening authority’s derivatively defective referral of the lesser-included charge constituted waivable, nonjurisdictional error, which not only failed to prejudice Appellant, but actually benefited him. For this reason, I respectfully dissent from the lead opinion.

“[I]t is well established that a defective referral ... does not constitute jurisdictional error.” United States v. King, 28 M.J. 397, 399 (C.M.A.1989).…