United States v. Vela

ERDMANN, Judge, with whom RYAN, Judge,

joins (concurring in part and dissenting in part):

I concur with the majority’s determination that the military judge did not err in denying the motion to dismiss the charges or to disqualify trial counsel based on Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972). I respectfully dissent, however, from the majority’s conclusion that the evidence in this case is legally sufficient to convict Vela under Article 134, UCMJ, 10 U.S.C. § 934 (2006), of wrongfully placing an AK-47 on the body of Ghani Nasr Khu-dayyer Al-Janabi. While…