U.S. v. Bradford, 68 M.J. 371

Trial Stages: Writs and Interlocutory Appeals: Article 62 Appeal

1. Article 62(a)(1)(B), UCMJ, authorizes the government to pursue an interlocutory appeal of an order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding; however, prosecution appeals are disfavored and are permitted only upon specific statutory authorization
2. a military judge’s decision not to “preadmit” a drug testing report did not constitute an order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding from which the government could pursue an interlocutory appeal under Article 62, UCMJ; the military judge set forth foundational criteria for the admissibility of the report, but did not exclude specific evidence of particular statements by specific persons