United States v. Valead

Because we routinely speak as the highest court within the military justice system, which I equate with both the state and federal hierarchy, I do not always agree that our cases should be resolved on the narrowest, most judicially conservative basis. However, I agree here that the record is unripe for tackling the Navy’s sacred cow, “three days confinement on bread and water.” For as the Navy-Marine Corps Court of Military Review noted, appellant

did not work nor live on board ship after 27 November 1987. The date of trial was 16 August 1988. Consequently, the only circumstance making…