United States v. Beckermann

JOSEPHSON and BURGESS, Judges:

(concurring in part and dissenting in part).*

In United States v. Moorehead, 20 U.S.C.M.A. 574, 44 C.M.R. 4 (1971) the United States Court of Military Appeals answered the following certified issue in the negative:

“Was the Court of Military Review correct in determining that the Coast Guard’s method of assigning a military judge to a general court-martial complies with the requirements of Article 26(c), Uniform Code of Military Justice?”

Judge Baum’s opinion accurately portrays the underlying facts in both Moorehead, supra, and the instant case. Indeed, the…