United States v. Mosley

28. I respectfully dissent. I would hold that the military judge abused his discretion in ordering additional testing because appellant had not met his burden to demonstrate the necessity for such expert assistance. While I agree that a judge should be given wide latitude in discretionary decisions, he or she must base decisions in logic as well as in the law.

29. Here, the judge did not require any threshold showing of necessity other than a showing that the retesting was relatively simple and inexpensive. There was no showing that this retesting would support or had any relevance to any…