U.S. v. Wardle, 58 M.J. 156

Trial Stages: Pretrial: Pretrial Confinement

1. where the facts reveal that appellant was a flight risk and that less severe forms of restraint were inadequate, pretrial confinement was authorized under R.C.M. 305
2. the Court need not reach the issue of whether suicide risk in this case, or under other circumstances, would warrant pretrial confinement; in light of the other factors in the record, including the amount of money appellant had taken and his failure to report to duty (which was only later followed by an attempted suicide with an undetermined predicate), appellant established himself as a flight risk within the meaning of R.C.M. 305

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. this Court reviews a military judge’s ruling on the legality of pretrial confinement for abuse of discretion; there is an abuse of discretion when a military judge applies an erroneous view of the law; an appellate court should limit its review to the facts that were before the deciding official