United States v. Cruz

I believe a limited evidentiary hearing is needed to resolve the issue of unlawful command influence. See United States v. DuBay, 37 C.M.R. 411 (C.M.A.1967). The facts developed thus far do not convince me that the majority’s disposition is based on a solid factual foundation, particularly with respect to their finding that no appearance of unlawful command influence exists in this case. In any case, I see no necessity for the majority’s apparent remodeling of the analytical framework this court uses to resolve issues of unlawful command influence. See United States v. Johnson, 34 C.M.R. 328…