United States v. Dooley

DORMAN, Chief Judge:

This is a timely appeal brought by the Government under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862. The Government is appealing a 16 December 2004 ruling by the military judge granting the appellee’s motion to dismiss based upon a violation of Rule for Courts-Martial 707(b)(3)(D), Manual for Courts-Martial, United States (2002 ed.). In that ruling the military judge dismissed the Charge and its two Specifications with prejudice, thus terminating the Government’s case against the appellee.

In its appeal the Government frames the issues as follows:

I.…