United States v. Serianne

PUBLISHED OPINION OF THE COURT

PERLAK, Judge:

This case is before us on an interlocutory appeal by the Government, filed pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 and Rule FOR Courts-Martial 908, Manual For Courts-Martial, UNITED States (2008 ed.). The issue presented is whether the military judge erred in granting a defense motion to dismiss a dereliction of duty charge based, inter alia, on a determination that the compelled disclosure of a civilian arrest was an incriminating testimonial communication whose constitutionality was unchanged by considerations of…