Monday, January 29, 2007
I previously noted that the result in Briggs and Clay would have been different had they been tried today, due to the R.C.M. 912(f)(4) change designed to compel a different result in United States v. Wiesen, 56 M.J. 172 (C.A.A.F. 2001). Not so Terry. In Terry, the member CAAF ruled should have been removed due to implied bias remained on the court-martial panel that convicted and sentenced Staff Sergeant Terry. So even if this case had arisen after the 2005 change to R.C.M. 912(f)(4), the results would have been the same.
Posted by Dwight Sullivan at 7:44 PM