U.S. v. Benedict, 55 M.J. 451

Military Justice Personnel: Court Members: Eligibility/Selection

1. reliance upon staff work does not undermine a military judge’s finding of fact that the convening authority personally selected the members of the court-martial
2. the convening authority may rely on his or her staff to nominate court members, and findings that the convening authority personally selected members are not undermined by the fact that the convening authority selected nine perspective members put forth in an order prepared by the Chief of Staff
3. a military judge’s finding of fact that the convening authority personally selected the members of the court-martial was supported by: (1) testimony from all the witnesses in the case indicating that it was the convening authority’s decision that resulted in the selection of the members; (2) testimony indicating that the convening authority personally affirmed that he selected the members; and (3) the convening authority’s personal signature on the convening order

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. U.S. Court of Appeals for the Armed Forces is bound by the military judge’s finding of fact unless it is clearly erroneous