Reconsideration of Findings. UCMJ art. 52, RCM 924

  1. bestmilitarydefenseucmjdefenselawyer40Members may reconsider any finding before such finding is announced in open session. RCM 924(a).
    1. United States v. Thomas , 39 M.J. 626 (N.M.C.M.R. 1993), rev’d in part 46 M.J. 311(1997). (CAAF affirmed the findings and reversed the sentence due to a sentencing instruction error). Accepted practice is to instruct prior to deliberation on findings that if any member desires to reconsider a finding, the MJ should be notified so that reconsideration instructions may be given in open court. Instruction on reconsideration is requiredif a court member indicates desire to reconsider.
    2. United States v. Jones , 31 M.J. 908 (A.F.C.M.R. 1990). Appellate court ordersrehearing on sentence. Can the second panel reconsider findings? HELD: No. RCM 924(a) states “Members may reconsider any finding reached by them.” Also, the appellate court had already affirmed the findings of guilty. Once affirmed, “they are no longer subject to reconsideration.”
  2. Judge alone. MJ may reconsider guilty finding any time before announcement ofsentence. RCM 924(c)