U.S. v. Badders, 82 M.J. 299

First Principles: Constitutional Matters: Double Jeopardy

1. a constitutional barrier arises when the Double Jeopardy Clause bars a government appeal; and double jeopardy would be implicated where a trial was terminated by mistrial over the objection of the accused without manifest necessity or the government intended to provoke the accused into moving for a mistrial

Trial Stages: Writs and Interlocutory Appeals: Article 62 Appeal

1. when a military judge declares a mistrial, the government may appeal that ruling to a service court of criminal appeals under Article 62(a)(1)(A), UCMJ
2. it has long been established that the United States cannot appeal in a criminal case without express congressional authorization; and in the military justice system, Congress provided authority for government appeals in Article 62, UCMJ; this statute states in relevant part that in a trial by general or special court-martial, or in a pretrial proceeding under Article 30a, UCMJ, the United States may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification and that this provision shall be liberally construed to effect its purposes
3. an interlocutory appeal must actually fall within the strictures of Article 62(a)(1)(A), UCMJ, to create appellate jurisdiction
4. the phrase “terminates the proceedings with respect to a charge or specification” in Article 62(a)(1)(A) makes it clear that the article refers to terminating that particular court-martial in regard to a charge or specification
5. the provisions of Article 62, UCMJ, broadly permit the government to appeal orders terminating proceedings in those instances where the United States Constitution poses no barrier to doing so
6. a constitutional barrier arises when the Double Jeopardy Clause bars a government appeal; and double jeopardy would be implicated where a trial was terminated by mistrial over the objection of the accused without manifest necessity or the government intended to provoke the accused into moving for a mistrial
7. a military judge’s declaration of a mistrial constitutes a termination of the proceedings under Article 62(a)(1)(A) of a particular court-martial in regard to a charge or specification

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

1. an appellate court reviews issues of statutory interpretation and jurisdiction de novo

Miscellaneous Matters: Manual for Courts-Martial: Force and Effect

1. the RCM Discussion is not binding and only serves as guidance

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. when faced with ambiguity regarding the meaning of discrete words or passages in a statute, an appellate court must examine the ambiguous phrase in its broader statutory context