United States v. Raymond

I respectfully dissent. I cannot join in the majority’s creation of an “accommodation theory” which beclouds the realities of military life behind a legal fiction. 38 MJ at 138.1 Whether a “personnel” regulation or a “law enforcement” regulation, Army Regulation (AR) 608-18, The Army Family Advocacy Program (September 18, 1987) establishes an agency relationship between Army social workers and military law enforcement authorities which cannot be gainsaid. Thus, I would hold that the military judge erred, as a matter of law, in overruling defense counsel’s objection to admission of Mr.…