U.S. v. Haagenson, 52 M.J. 34

Military Justice Personnel: Convening Authority: Referral

1. convening authority or superior competent authority may withdraw charges from a court-martial at any time before findings are announced, and such charges may be re-referred to another court-martial unless the withdrawal was for in improper reason; RCM 604(a), (b), and Discussion thereto

Trial Stages: Post-Trial Hearings: Authority for

1. where a claim that unlawful command influence pressured a commander to change his discretionary referral decision was supported by affidavit sufficient to raise such issue, and the claim was neither inadequate on its face nor conclusively refuted by the files and records of the case, a factfinding hearing is necessary

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. where a claim that unlawful command influence pressured a commander to change his discretionary referral decision was supported by affidavit sufficient to raise such issue, and the claim was neither inadequate on its face nor conclusively refuted by the files and records of the case, the Court of Criminal Appeals was not in a position to resolve the controverted issue without a prior evidentiary hearing; Court of Criminal Appeals is not authorized to decide disputed questions of fact pertaining to post-trial claims, solely or in part on the basis of conflicting affidavits submitted by the parties

Trial Stages: Appeals: Remedies › DuBay/Factfinding hearing

1. where a claim that unlawful command influence pressured a commander to change his discretionary referral decision was supported by affidavit sufficient to raise such issue, and the claim was neither inadequate on its face nor conclusively refuted by the files and records of the case, a factfinding hearing is necessary