United States v. True

RUBENS, Judge:

This is an appeal by the United States pursuant to Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862.1 The threshold issue is whether this Court has jurisdiction under Article 62 and Rule for Courts-Martial (R.C.M.) 9082 to hear a government appeal of a military judge’s ruling granting a defense motion for employment of an investigative assistant and abating the proceedings when the Government failed to comply. We hold that this ruling is not appealable under Article 62.

Article 62 and R.C.M. 908 authorize the Government to appeal only those orders or rulings…