United States v. Sergeant ERIC D. SHORTS

OPINION OF THE COURT

FEBBO, Judge:

In this appeal we address whether the military judge erred in failing to grant a mistrial because of a discovery violation. We find no discovery violation, because another reserve unit, with an unclear relationship in the record to appellant’s unit, conducted an administrative investigation into the sexual assault four years prior to trial. That investigation was unknown to the trial counsel at the time of trial. We further find the trial counsel exercised due diligence in his discovery obligations. We do not find the military judge abused his discretion in…