United States v. Houston

In Re NMCCA NO. 201900245 Br eyer M. HOU S TON Lieutenant (O-3) Special Panel 3 U.S. Navy Petitioner/Appellee ORDER UNIT ED ST AT ES Denying Cross-Petition Respondent/Appellant

On 6 September 2019, Respondent/Appellant filed an Appeal with the Court pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, challenging the military judge’s suppression of prosecution evidence pursuant to Military Rules of Evidence 403 and 413. That Appeal remains pending be- fore the Court.

On 16 October 2019, Petitioner/Appellee, filed a Cross-Petition for Extraor- dinary Relief in the Nature of a Writ of Mandamus. The Cross-Petition seeks to have this Court vacate the military judge’s ruling on the application of Mil- itary Rule of Evidence 510 regarding whether the complaining witness may re- assert her privilege over certain matters in her mental health records.

In accordance with Navy-Marine Corps Court of Criminal Appeals Rule of Appellate Procedure 19(f), the Court has declined to order Respondent/Appel- lant to file a response to the Cross-Petition. Having considered the Cross-Peti- tion, it is, this 6th day of November 2019, ORDERED: That the Cross-Petition for a Writ of Mandamus is DENIED, without prej- udice to raise any and all issues contained in the Cross-Petition should this Court acquire jurisdiction over a timely appeal of a court-martial conviction filed pursuant to Article 66(b), UCMJ, 10 U.S.C. § 866(b) (2019).

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court In Re Houston, No. 201900245, Order Denying Cross-Petition

Copy to: NMCCA (51.3) (Capt Fulton) (Maj Meeder, LCDR Ceder)