I II I II Mibtary Law xeview SPECIFIED ISSUES IN THE UNITED STATES COURT OF MILITARY APPEALS: A RATIONALE Robinson 0. Everett USCMA AND THE SPECIFIED ISSUE: THE CURRENT PRACTICE William N. Early, Lizann M. Longstreet, and James S. Richardson SHOULD THERE BE A PSYCHOTHERAPIST PRIVILEGE IN MILITARY COURTS-MARTIAL? Major David L. Hayden THE SEAMY SIDE OF THE WORLD WAR I COURT-MARTIAL CONTROVERSY Colonel Frederick Bernays Wiener, AUS (Ret.) SOVIET MILITARY JUSTICE AND THE CHALLENGE OF PERESTROIKA Captain Jody M. Prescott ARTICLE 31(b): WHO SHOULD BE REQUIRED TO GIVE WARNINGS? Captain Manuel E.F. Supervielle PUBLICATION NOTES + wto Volume 123 Winter 1989 Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-123 Washington, D.C., Winter 1989 MILITARY LAW REVIEW-VOL. 123 The Military Law Review has been published quarterly at The Judge Advocate General’s School, U.S. Army, Charlottesville, Vir- ginia, since 1958. 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Richardson ................................ 9 Should There be a Psychotherapist Privilege in Military Courts-Martial? Major David L. Hayden.. ............................ 31 The Seamy Side of the World War I Court-Martial Controversy Colonel Frederick Bernays Wiener, AUS (Ret.) ........ 109 Soviet Military Justice and the Challenge of Perestroika Captain Jody M. Prescott ............................ 129 Article 31(b): Who Should be Required to Give Warnings? Captain Manuel E.F. Supervielle ..................... 151 Publication Notes ....................................... 215 iii SUBMISSION OF WRITINGS: Articles, comments, recent development notes, and book reviews should be submitted typed in duplicate, double-spaced, to the Editor, Military Law Review, The Judge Advocate General’s School, U.S. Army, Charlottes- ville, Virginia 22903-1781. Authors should also submit a 51/4 inch computer diskette containing their articles in an IBM-compatible format. 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BACK ISSUES: Copies of recent back issues are available to Army legal offices in limited quantities from the Editor of the Review. Bound copies are not available and subscribers should make their own arrangements for binding if desired. REPRINT PERMISSION: Contact the Editor, Military Law Review, The Judge Advocate General’s School, US.Army, Charlottesville, Virginia 22903-1781. iv SPECIFIED ISSUES IN THE UNITED STATES COURT OF MILITARY APPEALS: A RATIONALE by Robinson 0. Everett* I. INTRODUCTION Most of the cases that reach the United States Court of Military Appeals are brought to it by an accused’s petition for review pursuant to article 67(b)(3) of the Uniform Code of Military Justice.’ An appel- late defense counsel, who has been appointed by The Judge Advocate General to represent the accused, files a supplement to the petition for review. This supplement seeks to persuade the court to exercise its discretionary jurisdiction to review the case. To this end, counsel will assign errors committed during the trial and review of the case. However, in a substantial number of cases the supplement filed in the Court of Military Appeals simply submits