United States v. Starr

The majority’s determination that “held for trial” is synonymous with pretrial restraint fails to heed our superior court’s holdings in similar cases. While acknowledging that the United States Court of Appeals for the Armed Forces (USCAAF) determined that “[ajpplieation of Article 13 is not limited to pre-trial confinees, but applies to all military members ‘held for trial,’ ” United States v. Combs, 47 M.J. 330, 333 (1997), the majority ignores this guidance because USCAAF failed to specifically define “held for trial.” This we may not do. Article 66(c), UCMJ, 10 U.S.C. § 866(e); United…