Tuesday, April 22, 2008

Writ appeal challenges Coast Guard's prohibition against recording Article 32 testimony and restrictions on transcribing it

I previously lamented the Coast Guard's practice of prohibiting tape recording of Article 32 testimony and imposing restrictions on the defense's ability to have a defense-employed court reporter transcribe such testimony. CAAF has now docketed a writ appeal seeking review of the Coast Guard Court's order dismissing a petition for extraordinary relief challenging these practices without prejudice to the accused's right to raise the issue in the normal course of review. Garcia v. Crowley, __ M.J. ___, Misc. No. 08-8017/CG (C.A.A.F. Apr. 21, 2008) (miscellaneous docket filing).

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