Court-Martial Trial Practice Blog
On Friday, NMCCA decided U.S. v. Wuterich.
More later, but:
In response to Orders issued by this court, the respondents produced the required transcripts, relevant exhibits, and a sealed memorandum prepared by the military judge recounting an ex parte hearing he conducted with defense counsel on the severance issue. Having reviewed the record and pleadings of the parties, we find that the military judge’s detailed, complete findings of fact are well-supported and not clearly erroneous. Having completed our review, we conclude that the sealed memorandum should remain sealed, and that the military judge did not abuse his discretion in severing the attorney-client relationship.