Today’s daily journal update includes a denial of the Navy-Marine Corps Appellate Government Division’s petition to reconsider United States v. Tate, 64 M.J. 269 (C.A.A.F. 2007). United States v. Tate, __ M.J. ___, No. 06-0291/NA (C.A.A.F. Feb. 22, 2007).
LT Mizer is Tate’s counsel. Brian, can you brief us on the grounds on which Appellate Government unsuccessfully argued for reconsideration?
We previously discussed the Tate opinion here.