Tuesday, April 01, 2008


CAAF heard oral argument in United States v. Moorefield on 10 March. Yet it has already resolved the case, via a short per curiam opinion issued today. United States v. Moorefield, __ M.J. ___, No. 07-0503/MC (C.A.A.F. Apr. 1, 2008) (per curiam).

In Moorefield, CAAF holds that the mere fortuity that the staff judge advocate had previously served as the military judge presiding over an unrelated court-martial of the same accused did not require his disqualification from making the R.C.M. 1106 recommendation.

We previously discussed Moorefield here. Normally I would post the NMCCA opinion here since it isn't available via LEXIS or WESTLAW, but I can't access NKO tonight. Is anyone else having the same problem?

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