United States v. Catano

Although I join my esteemed colleagues in finding that the military judge retained the authority to sua sponte reconsider any ruling prior to her timely authentication of the record of proceedings, I respectfully dissent from the remainder of the court’s opinion. In my view, both the military judge and the majority opinion depart from the plain language of AFI 44-121 in holding that the relevant inquiry is whether Appellee had received or been notified of an order to provide a urine sample rather than inquiring whether such an order had been issued.8

*524As noted by the majority, the limited…