New CAAF Grant: Garcia (Govt. appeal)

​"No. 20-0262/AF. U.S. v. Kaleb S. Garcia. CCA 2019-07. On consideration of Appellant's petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 (2012), it is ordered that said petition is granted on the following issue:
 
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THAT THE MILITARY JUDGE ABUSED HER DISCRETION IN SUPPRESSING EVIDENCE OBTAINED AS A RESULT OF A SEARCH AND SEIZURE OF APPELLANT'S DNA.
 
Pursuant to C.A.A.F. R. 19(a)(7)(A), no further pleadings will be filed."

Lower court opinion.

The primary issue appears to be the sufficiency of the search authorization. More discussion to come soon...

Brenner Fissell

EIC