United States v. Konieczka

Opinion of the Court

SULLIVAN, Judge:

On November 21, 1989, appellant was arraigned before a military judge sitting alone as a special court-martial at Fort Lee, Virginia, on a single specification of wrongful use of marijuana, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. Before entry of pleas, the military judge granted appellant’s motion to suppress evidence derived from the testing of his urine specimen. Government counsel filed an appeal under Article 62, UCMJ, 10 USC § 862, challenging the military judge’s ruling. The Court of Military Review granted this…