United States v. Lincoln

42. The majority (1) overlooks the impact of the 1970 revision of the government-appeals statute, 18 USC § 3731, and its influence on the enactment and interpretation of Article 62, Uniform Code of Military Justice, 10 USC § 862 (1983); and (2) holds that the court below exceeded its authority in order*323ing admission of the evidence after fair notice, adequate hearing, and development of the record to support mandating admission of the evidence. As a result, I fear that the majority unduly restricts the scope of review of an Article 62 appeal, thereby undermining the principle of judicial…