United States v. Grote
Cases that cite this one
3 later published cases cite this decision.
- United States v. Stearman (United States Court of Military Appeals 1979)
- United States v. Montanez-Carrion (United States Court of Military Appeals 1973)
- Lewis v. United States (United States Court of Military Appeals 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Opinion of the Court
In 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.
In 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.
The 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.