United States Court of Appeals For The Armed Forces, 2014

United States v. Seton

United States v. Seton
United States Court of Appeals For The Armed Forces · Decided May 12, 2014
73 M.J. 347; 2014 CAAF LEXIS 565
United States v. Seton

Opinion of the Court

CCA 2013-27. On consideration of the issue certified by the Judge Advocate General of the Air Force, 73 M.J. 282 (C.A.A.F. 2014), and Appellee’s motion to supplement the record, we conclude that the military judge did not abuse his discretion in finding a Rule for Courts-Martial 703 violation and dismissing the Charge and Specification with prejudice. Accordingly, it is ordered that the motion to supplement the record is granted; the certified issue is answered in the negative; and the decision of the United States Air Force Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

Chief Judge Baker and Judge Ohlson would have held oral argument before deciding this case.

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