United States v. Latour

Chief Judge BRUBAKER and Senior Judge FISCHER concur.

PUBLISHED OPINION OF THE COURT

MARKS, Judge:

This case is before us as an interlocutory appeal by the Government, filed pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, and Rule FOR Courts-Martial 908, Manual for Courts-Martial, United States (2012 ed.). The Government challenges a trial ruling “which excludes evidence that is substantial proof of a fact material in the proceeding.” Art, 62(a)(1)(B), UCMJ.

The appellant alleges the military judge (MJ) abused his discretion by excluding from evidence relevant portions…