United States v. Williams

DECISION

HODGSON, Chief Judge:

In United States v. Hinton, 21 M.J. 267 (C.M.A.1986), the Court of Military Appeals made it clear that individuals seeking evidence in their defense are entitled to the full cooperation of the United States in securing compliance with subpoenas issued in their behalf. The issue before us is whether the appellant was denied this right, and centers on the trial judge’s refusal to grant a continuance until a subpoenaed defense witness, whose testimony was crucial, could be located.

At trial the appellant stipulated that on 11 October 1985, a random drug test disclosed…