Thursday, June 19, 2008
AP is reporting that the government has filed a notice of appeal in Chessani. But that doesn't necessarily mean the government will actually pursue an Article 62 appeal. Under JAGINST 5810.2A, Military Justice Regulations at encl. 1 (17 Sep 1993), once the notice of appeal is filed and the record is forwarded to Code 46, "The Director, Appellate Government Division, as the designated representative of the Government under R.C.M. 908, shall decide whether the appeal shall be filed." So Col Puleo will decide whether to challenge Col Folsom's ruling dismissing the charges without prejudice due to unlawful command influence.
Posted by Dwight Sullivan at 8:30 PM