United States v. Warner

Chief Judge GIERKE

delivered the opinion of the Court.

INTRODUCTION

Article 46 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 846, commands that the “trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence ____1,1 This case involves the application of Article 46 to the designation of expert consultants to aid the opposing parties. We hold that the Government violated Article 46 when it assigned the Air Force’s premier shaken baby syndrome expert to itself, while denying the defense’s request for an…