United States v. Bartlett

66 M.J. 426 (2008)

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United States v. Bartlett

United States Court of Appeals for the Armed Forces
66 M.J. 426 (2008)

Facts

Lieutenant Colonel David P. Bartlett, Jr. (defendant) pleaded guilty to unpremeditated murder. Prior to trial, the staff judge advocate advised the general-court-martial convening authority that, pursuant to Army Regulation (AR) 27-10, medical personnel, chaplains, veterinarians, and inspectors general were prohibited from serving on general-court-martial panels. Eleven officers within the convening authority’s command were otherwise eligible to serve as members of Bartlett’s court-martial, but the convening authority excluded them because they fell into the prohibited categories. Despite the exclusions, the panel selected by the convening authority was well-balanced. At trial, Bartlett moved for a new court-martial panel, arguing that the Secretary of the Army had exceeded his authority by promulgating AR 27-10 and that the military judge had erred by limiting the court-martial panel pursuant to the regulation. The military judge denied the motion, and the panel sentenced Bartlett to a dismissal and to twenty-five years’ confinement. The United States Army Court of Criminal Appeals affirmed, and Bartlett appealed.

Rule of Law

Issue

Holding and Reasoning (Stucky, J.)

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