United States v. Wiest

I respectfully dissent. I find no clear abuse of discretion in the military judge’s refusal to1 grant a continuance and would affirm the Air Force Court of Criminal Appeals (AFCCA) on Issue I.1

The majority decision concludes that it would be an unusual case where a judge denies “an initial and timely request for a continuance in order to obtain civilian counsel, particularly after the judge has criticized appointed military counsel.” The majority opinion goes on to hold that the military judge erred by exercising an “inelastic attitude” in rescheduling Wiest’s trial.

This was not an initial…