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Remedy for defective special findings

Remedy for defective special findings

Remedy for defective special findings

  1. bestmilitarydefenseucmjdefenselawyer99If the trial judge’s mistake in rendering special findings is merely procedural, mostappellate courts will return the case for compliance with statutory requirements. Schinasi at 117. Where a trial judge’s special findings disclose that he has misperceived, ignored, or confused the law or the facts, reversal will be the result. Schinasi at 118 (examining United States v. People , 45 C.M.R. 872 (N.C.M.R. 1971); Haywood v. United States , 393
  • 2d 780 (5th Cir. 1968). See also United States v. McMurrin , 69 M.J. 591 (N.M. Ct.Crim. App. 2010) (setting aside findings when military judge’s special findings omitted a critical element of the offense).