United States v. Hagen

I concur with Judge Gladis’ opinion. I would note that once more we have a striking example of the disruption which can occur as the result of judicial dicta which tampers with the statutory requirements of the Uniform Code of Military Justice (UCMJ) and a well-thought-through provision of the Manual for Courts-Martial, 1969 (Rev.) (MCM). In this case the staff judge advocate seized upon the dicta contained in the concurring opinion of United States v. Morrison.1 Morrison advocated a restructuring of the staff judge advocate review by reevaluation of Article 61, UCMJ, unencumbered by the…