I'm back in the blogging saddle in time to report that yesterday, CAAF granted review of this issue in an Article 62 appeal case: "WHETHER THE LOWER COURT ERRED IN FINDING THAT THE APPELLANT WAS NOT ENTITLED TO ARTICLE 31(b) WARNINGS BEFORE HE WAS QUESTIONED ABOUT A CRIME OF WHICH HE WAS SUSPECTED OF COMMITTING." United States v. Hickman, __ M.J. ___, No. 09-6001/MC (C.A.A.F. Nov. 20, 2008).
I can't find a copy of NMCCA's opinion in the case anywhere online, including in NKO. If anyone has a copy, would you please throw it over our transom? (As always, you can reach us by e-mail at caaflog@caaflog.com.)
3 comments:
I don't intend this as a criticism; rather I am an afficianado of nautical jargon. I am intrigued by your phrase "throw it over our transom." Is there a particular nautical tradition in the phrase, which I admit I had not heard before. Obviously the transom is the aftermost watertight bulkheard of a ship (basically the stern). Many things are thrown over the transom from the ship to the sea. But, except for the fairly uncommon Mediterranean mooring, whereby a ship is moored stern-to a pier or wharf, I can't envision a scenrio where things would be thrown over the transom ONTO the ship. I'd be interested in the nautical history, if any, behind the phrase.
I see that CAAF is asking rhetorical questions again...
Much as I wish for a nautical connection, I fear transom refers to the small windon over a door that us elders may recall. Today it would probably be thrown over the cubicle wall.
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