United States v. Townsend

Judge FEARNOW

(concurring in part and in the result):

Although I can understand why my fellow judges have interpreted and responded to the decision of the Court of Appeals for the Armed Forces in U.S. v. Townsend, 43 MJ 205 (1995) (Townsend III), in the way they have, I do not agree with their understanding of the views provided to us by our superior court concerning extra-record material. The seeds for our difference in interpretation are planted in the multiple opinions provided in Townsend III and the somewhat varying direction provided in each of those opinions. In an attempt to clarify…