09 June 2009

U.S. Navy JAG sets aside a general court-martial conviction

The National Institute of Military Justice reports here that U.S. Navy Vice Admiral Bruce MacDonald has taken the extremely rare step of setting aside a 2002 general court-martial conviction in the case of Lieutenant Roger House. House had been convicted, contrary to his pleas, of conspiracy to make a false statement, conduct unbecoming an officer, and false swearing. A petition for a new trial was filed by House based upon newly discovered evidence. NIMJ's link to the Navy JAG's examination pursuant to UCMJ article 73 can be found here.

It should be noted that it took a judge from the U.S. Court of Federal Claims, in a suit brought by House under the Tucker Act, to intervene before the Navy actually took action on the petition for a new trial

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