United States v. Baldwin

As I stated in my concurring opinion when this case was first decided, I am unwilling to conclude the military judge abused his discretion. United States v. Baldwin, 53 M.J. 676, 681-82 (A.F.Ct.Crim.App.2000) (Burd, J., concurring). I remain unwilling to find such abuse.

The lead opinion places great emphasis on the fact that the military judge made the mistake of uttering the words corpus delicti. I see nothing improper in considering concepts with roots that trace to the common law in judicial decision making at the trial level. Contemplation of historical underpinnings is not the exclusive…