United States v. Shover

I agree with Semor Judge Everett’s dissent and with CMef Judge Dixon’s dissent in the court below (42 MJ 753, 757), as well. Resolution of tMs case by the majority demonstrates some inherent difficulties in applying Mil.R.Evid. 313(b), Manual for Courts-Martial, Urnted States, 1984. A commander’s intent to prosecute is logically consistent with, and in military parlance practically indistinguishable from, an intent to maintain the security, military fitness, or good order and discipline of Ms umt. In addition, m my view deMal of defense evidence tending to show unknowing ingestion by…