From Thursday’s daily journal:
Misc. No. 11-8004/AR. Daniel GASKINS, Petitioner v. Colonel John B. Hoffman, Colonel David L. Conn, Colonel Mark L. Johnson, Colonel Alan L. Cook, Lieutenant Colonel Eugene E. Baime, Respondents. On further consideration of the petition for extraordinary relief in the nature of a writ of prohibition, and Respondents’ show cause response, we conclude that ordering a factfinding hearing pursuant to United States v. DuBay, 17 C.M.A. 146, 37 C.M.R. 411 (1967), to reconstruct Defense Exhibit A is inappropriate under the facts of this case. Accordingly, it is ordered that the petition for extraordinary relief to prohibit the United States Army Court of Criminal Appeals from ordering a DuBay hearing is granted. The record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals for further consideration of its other options in light of this action.