United States v. Roberts

This case is yet another example of the majority selectively refusing to follow Supreme Court precedent and fashioning a different standard for the military without a showing of military necessity. While I agree *328with the result in this ease, I would apply the Supreme Court’s “reasonable probability” standard to the issue of wrongful nondisclosure as this Court did only last term in United States v. Mahoney, 58 M.J. 346 (C.A.A.F.2003). Also following the Supreme Court, I would apply the “reasonable doubt” standard where there has been perjured testimony. United States v. Bagley, 473 U.S. 667,…