Compare Wuterich with Chessani

Here's one more quick thought about Wuterich before I run off to my daughter's swim meet. (I'll have at least one more post about Wuterich sometime after I get back.) In United States v. Chessani, No. NMCCA 200800299 (N-M. Ct. Crim. App. June 10, 2008), NMCCA held that discovery disputes weren't the appropriate subject of interlocutory challenges by the defense. Ten days later, in United States v. Wuterich, __ M.J. ___, No. NMCCA 200800183 (N-M. Ct. Crim. App. June 20, 2008) -- coincidentally another case arising from the Haditha incident -- NMCCA held that the government could use an interlocutory appeal to challenge the military judge's resolution of a discovery dispute.