United States v. Black

I disagree with the conclusion of the majority that the granted issue in this case is *151resolved by this Court’s holding in United States v. Solis, 46 MJ 81 (1997).1 For example, although Chief Judge Cox concurred in that case, his separate opinion possibly raises some doubt in my view about extinction of the “exculpatory-no” doctrine or its Manual equivalent. See para. 31c(6)(a), Part IV, Manual for Courts-Martial, United States, 1984.2 Nevertheless, I would resolve this case on the basis of my separate opinion in Solis, 46 MJ at 36 (concurring in the result), and the fact that appellant was…