United States v. Dunlap

OPINION

Petitioner seeks an order directing respondent to apply the correct standard of law and to deny the defense motion to suppress. Petitioner further seeks an immediate stay of proceedings pending resolution of its petition. We view the request as one seeking a writ of mandamus. The military judge’s decision in the case would have the effect of a dismissal. The petition is granted.

A writ of mandamus is available to confine an inferior court to a lawful exercise of its jurisdiction or to compel it to exercise its authority when the duty exists. Exceptional circumstances, amounting to a…