United States Court of Military Appeals, 1970

United States v. Ward

United States v. Ward
United States Court of Military Appeals · Decided July 17, 1970 · Darden, Ferguson, Quinn
19 C.M.A. 573; 19 USCMA 573; 42 C.M.R. 175; 1970 CMA LEXIS 799; 1970 WL 7033
United States v. Ward

Opinion of the Court

Opinion of the Court

Quinn, Chief Judge:

The issue in this case concerns the propriety of the military judge’s examination of the sentence portion of the accused’s pretrial agreement with the convening authority. We sustained the procedure in United States v Villa, 19 USCMA 564, 42 CMR 166 (1970). Accordingly, the decision of the United States Army Court of Military Review is affirmed.

Judge DARDEN concurs.

Dissenting Opinion

FERGUSON, Judge

(dissenting):

I dissent.

I disagree with my brothers’ decision in this ease for the reasons set forth in my separate opinion in United States v Villa, 19 USCMA 564, 42 CMR 166 (1970).

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