28 June 2007

Courts of Criminal Appeals

(1) The NMCCA has reported 15 new cases on their web site. This is the first NMCCA posting of decisions in about 45 days.

(2) On 25 June, the AFCCA released its opinion in United States v. Miller, Misc. Dkt. 2007-02 (A.F. Ct. Crim. App. Jun. 25, 2007). This was an Article 62 appeal after the military judge suppressed a positive urinalysis and the accused's confession drug charges against the accused because (1) a written memorandum directing the accused to provide a urine specimen was invalid, and (2) the installation’s standing urinalysis program as applied to the accused did not amount to an order for inspection. The accused was an reservist assigned to an Air Reserve base. The base's urinalysis program did not meet the legal standards for inspection testing under the Air Force instruction and Mil. R. Evid. 313. The AFCCA denied the Government appeal.

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