United States v. Siroky

I agree with the result and most of the rationale of the majority opinion. I write separately to comment on the standard of review articulated by the majority. 44 MJ at 398-399. I agree that in most cases we must pierce the Court of Criminal Appeals’ decision and examine the military judge’s ruling, but I am concerned with the majority’s apparent lack of deference to the court below where it has exercised its independent fact-finding power.

Unlike an intermediate appellate court in the civilian judicial system, the Court of Criminal Appeals has unique powers under Article 66(c), Uniform Code…