United States v. Solorio

OPINION OF THE COURT ON APPEAL OF THE GOVERNMENT FROM DISMISSAL OF CHARGES AND SPECIFICATIONS BY THE TRIAL JUDGE

BAUM, Chief Judge:

This is the Coast Guard’s first action under Article 62, UCMJ, 10 U.S.C. § 862, which became effective August 1, 1984 and authorizes appeals by the Government from certain orders and rulings of a military judge not amounting to findings of not guilty. The ruling from which the Government has appealed grants defense counsel’s motion to dismiss various charges and specifications for lack of jurisdiction. In so ruling, the trial judge applied to the facts the doctrine…