Wednesday, May 28, 2008
On 29 January of this year, CAAF granted review of this issue: Whether the military judge erred by admitting evidence at trial that was obtained as a direct result of an illegal search of Appellant's government issued laptop computer. United States v. Rutherford, 66 M.J. 111 (C.A.A.F. 2008). CAAF ordered counsel to brief the issue. Id. Those briefs were apparently sufficient to resolve the case. Yesterday CAAF summarily affirmed the Air Force Court's ruling, which is available here. United States v. Rutherford, __ M.J. ___, No. 07-0795/AF (C.A.A.F. May 27, 2008) (summary disposition).
Posted by Dwight Sullivan at 7:34 PM