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21 C.M.A. 519

United States v. Grote

United States Court of Military Appeals · decided 1972-07-07

Applies 10 U.S.C. § 816

Decided 1972-07-07

¶1Opinion of the Court

Duncan, Judge:

¶2In the ease before us, the request for trial by military judge alone (Article 16, Uniform Code of Military Justice, 10 USC § 816).did not contain the name of the military judge when it was submitted by the accused. The request was submitted in blank.

¶3In United States v Brown, 21 USCMA 516, 45 CMR 290 (1972), we held this omission to be a jurisdictional defect (United States v Dean, 20 USCMA 212, 43 CMR 52 (1970); United States v Rountree, 21 USCMA 62, 44 CMR 116 (1971)), and the proceedings null and void. McClaughry v Deming, 186 US 49, 46 L Ed 1049, 22 S Ct 786 (1902). We so hold in this case.

¶4The decision of the Court of Military Review is reversed. The record of trial is returned to the Judge Advocate General of the Navy. Another trial may be ordered.

Chief Judge Darden concurs.Judge Quinn dissents.
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