U.S. v. Tittel, 53 M.J. 313

Military Justice Personnel: Convening Authority: Disqualification

1. although an officer with a personal interest in the disposition of an offense becomes an accuser and is disqualified from convening the court-martial, evidence of record did not show that officer who gave order which the accused disobeyed was personally involved to the extent that he became an accuser

Trial Stages: Appeals: Preservation of Error / Plain Error

1. assuming that officer who gave order which the accused disobeyed was personally involved to the extent that he became an accuser, failure to forward the charges to the next higher level of command for disposition was not plain error where, in light of the serious nature of the charges, there was no fair risk of prejudice because it was unlikely that any competent convening authority would not have referred the case to a special court-martial

Trial Stages: Appeals: Waiver

1. assuming that officer who gave order which the accused disobeyed was personally involved to the extent that he became an accuser, failure to forward the charges to the next higher level of command for disposition was nonjurisdictional error which was waived by appellant’s failure to raise the issue at trial