In United States v. Buford, No. 2016-04 (A.F. Ct. Crim. App. Jun. 9, 2016) (link to slip op.), a three-judge panel of the Air Force CCA grants a Government appeal under Article 62 and reverses the suppression of the accused’s statement to criminal investigators, concluding that the military judge made incomplete findings of fact regarding the accused’s invocation of his right to a lawyer. Writing for the panel, Judge Brown vacates the suppression remands and remands the case for further proceedings. However, one member of the panel, Judge Dubriske, dissents in part, and would hold that that the military judge’s findings were clearly erroneous and that any request the accused made for an attorney was ambiguous.

One Response to “The Government wins an appeal at the Air Force CCA”

  1. Alfonso Decimo says:

    I would have submitted a motion to reconsider at the trial level. I am guessing the prosecutors wanted to essentially put the MJ on report with the JAG, since a motion could easily have revealed the factual and legal errors. I am sensing some animus towards the MJ by her USAF JAG colleagues.