If motion is granted only as to part of a specification, a lesser included offense may remain.
If motion is denied, it may be reconsidered at any time before authentication of the Record of Trial. R.C.M. 917(f). See also United States v. Griffith , 27 M.J. 42 (C.M.A. 1988). Trial judge stated he had no power to set aside findings of guilty by court members. (He had previously denied a motion for a finding of not guilty due to the lower standard for such motions.) HELD: “We are convinced that, if before authenticating the record of trial, a military judge becomes aware of an error which has prejudiced the rights of the accused—whether this error involves jury misconduct, misleading instructions, or insufficient evidence—he may take remedial action.” 27 M.J. at 47.
If motion is granted, it may not be reconsidered.
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