United States v. Silas

OPINION OF THE COURT

Ferguson, Senior Judge:

In an otherwise comprehensive and straightforward post-trial review recommending affirmance of the findings of guilty and sentence of a special court-martial, the staff judge advocate to the general court-martial authority speculated that the credibility of two defense witnesses "may have been motivated” by their racial identification with the accused. The reviewing authority affirmed the findings of guilty and the sentence, as recommended by his staff judge advocate. On further review, the Court of Military Review determined that the speculative…