United States v. Dunn

70 M.J. 359, 2011 CAAF LEXIS 855

• Court: Court of Appeals for the Armed Forces
• Decided: September 22, 2011
• Docket: No. 11-0045/AF
• Status: Published

Opinions

CCA S31584. On further consideration of the granted issue (69 M.J. 457-58 (C.A.A.F. 2010)), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to that court for consideration of the granted issue in light of United States v. Sweeney, 70 M.J. 296 (C.A.A.F. 2011), United States v. Blazier, 69 M.J. 218 (C.A.A.F. 2010), and United States v. Blazier, 68 M.J. 439 (C.A.A.F. 2010), and to determine whether the erroneous admission of the cover memoranda and specimen custody documents of the drug testing report was harmless beyond a reasonable doubt.¹

1 Nothing in this order is intended to limit the scope of the Court of Criminal Appeals’ review on remand, including, but not limited to, consideration of the issue raised in Judge Stucky's separate opinion.