United States v. Townsend

I concur in the result reached by the majority. However, my decision is based on appellant’s failure to raise at trial the issue now before us.

At the time the Military Judge took judicial notice that Article 8-H of the Coast Guard Personnel Manual, Commandant Instruction M1000.6, was a lawful general order, the appellant was afforded “an opportunity to be heard as to the propriety of taking judicial notice.” MRE 201(e). Having failed to challenge the lawfulness of the order immediately after the Military Judge announced his intention to take judicial notice, the appellant waived the right to…