United States v. Ginaitt

20 C.M.A. 216, 20 USCMA 216, 43 C.M.R. 56, 1970 CMA LEXIS 663, 1970 WL 7428

• Court: United States Court of Military Appeals
• Decided: December 18, 1970
• Docket: No. 23,220
• Status: Published

Opinions

Opinion of the Court

Darden, Judge:

Of the two issues granted in this case, only one requires attention. Failure of the appellant to request trial by military judge alone, in writing, before or at the inception of trial constitutes a jurisdictional defect rendering the findings and sentence invalid. United States v Dean, 20 USCMA 212, 43 CMR 52 (1970).

Accordingly, the decision of the United States Navy Court of Military Review is reversed. The findings of guilty and sentence are set aside. The record of trial is returned to the Judge Advocate General of the Navy. Another trial may be ordered.

Judge Ferguson concurs.