Monday, October 2, 2023

End-o'-Term

The October 2023 Term of the U.S. Court of Appeals for the Armed Forces ended on September 30. United States v. Warda, The court's last decision of the Term--its 25th--was handed down on September 29. The able Opinion of the Court was written by Judge M. Tia Johnson for a 4-judge majority. Judge Hardy joined in a separate concurrence by Chief Judge Olson, while Judge Maggs dissented. The court held that it was an abuse of discretion for the military judge to refuse to abate the proceedings where pertinent immigration records relating to the main government witness could not be produced.

For readers who follow these things, this is yet another case that has precious little to do with the arcana of military law (and a lot to do with immigration law).

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