United States v. Stoneman

The majority chastises the military judge because she did not make “findings of fact and conclusions of law, nor did she analyze the evidence in accordance with the Biagase framework.” 57 MJ at 42. I do not find this “failure” surprising or erroneous since the court-martial that tried appellant took place fifteen months before this Court rendered its decision in United States v. Biagase, 50 MJ 143 (1999), setting forth a framework for analyzing questions of unlawful command influence. Although the clairvoyance which' the majority apparently demands of trial judges was not present in this…