United States v. Cole

Opinion of the Court

COX, Judge:

In this case the Judge Advocate General of the Air Force asks us to delimit the powers of the Court of Military Review regarding review of evidentiary rulings by military judges. Art. 66, Uniform Code of Military Justice, 10 USC § 866. Specifically, pursuant to Article 67(b)(2), UCMJ, 10 USC § 867(b)(2), the Judge Advocate General of the Air Force certified the following issue:

WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED, AS A MATTER OF LAW, BY APPLYING THE WRONG STANDARD OF REVIEW IN EVALUATING THE MILITARY JUDGE’S RULING ON THE ADMISSIBILITY OF…