United States v. Howell

Judge OHLSON,

with whom Chief Judge ERDMANN joins, concurring in part and dissenting in part.

OVERVIEW

In various eases during the past few decades, this Court has concluded that: (a) the effect of ordering a rehearing in á case is to place the accused in the same position he or she was in before the original trial began, United States v. Von Bergen, 67 M.J. 290, 294 (C.A.A.F.2009); (b) an accused’s pay status while awaiting rehearing should be the same as if the accused had never been tried in the first place, Keys v. Cole, 31 M.J. 228, 232 (C.M.A.1990); (c) in determining whether there was…