United States v. Shelton

BAKER, Judge,

with whom CRAWFORD, Judge, joins (dissenting):

I agree with the majority’s result on Issue I, but respectfully disagree with the analysis. *6I would not “assume without deciding” that the witnesses at issue were relevant and necessary. In my view, the defense did not carry its burden to demonstrate relevance and necessity. Therefore, the military judge did not err in refusing to order their production and we should not shy away from saying so.

I respectfully dissent with respect to Issue II because I believe the unusual text and legislative history to Article 118(2), Uniform Code of…