United States v. Sebring

KEATING, Senior Judge:

This ease is before us for review under Article 66, Uniform Code of Military Justice [UCMJ], 10 U.S.C. § 866, and as a petition for a new trial filed pursuant to Article 73, UCMJ, 10 U.S.C. § 873, based on newly-discovered evidence concerning quality control problems at the Navy Drug Screening Laboratory, Norfolk, Virginia. At oral argument, we specified the issue of whether the Government violated appellant’s due process rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), when it failed to disclose evidence favorable to the defense. We…