CAAF Opinion Digest · one opinion, every topic
U.S. v. Gudmundson, 57 M.J. 493
Decided Dec 19, 2002 · No. 02-0264/AF · 2003 Term · Opinion (PDF)
Digested under 2 topics
Military Justice Personnel: Convening Authority: Disqualification
- a convening authority's testimony at trial is not per se disqualifying, but it may result in disqualification if it indicates that the convening authority has a personal connection with the case
- if a convening authority's testimony at trial is of an official or disinterested nature only, the convening authority is not disqualified
Trial Stages: Appeals: Waiver
- if an appellant is aware of the convening authority's involvement in a case, but chooses to not raise a disqualification issue at trial or in a post-trial submission to the convening authority, the issue is waived
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