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CAAF Grants Review: United States v. Hernandez

2/2/2021

3 Comments

 
​"No. 21-0137/AF. United States, Appellant v. Robert J. Hernandez, Appellee. CCA 39606. Notice is given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:
 
WHETHER APPELLEE WAIVED A CHALLENGE TO THE SEARCH AUTHORIZATION FOR HIS URINE ON THE BASIS OF KNOWING AND INTENTIONAL FALSITY OR RECKLESS DISREGARD FOR THE TRUTH. 
 
WHETHER THE MILITARY JUDGE PROPERLY ADMITTED EVIDENCE OF APPELLEE'S URINALYSIS.
 
Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 1st day of March, 2021."

Elizabeth M. Berecin 

Managing Editor

3 Comments
Brenner M. Fissell
2/2/2021 12:08:44 pm

Given the previous case this year, the court has been pretty protective of 4A rights in the warrant / SA area. This may be more evidence of that trend.

Reply
William Cassara
2/2/2021 12:40:44 pm

This is a government appeal on an issue certified by AFTJAG.

Reply
Brenner M. Fissell
2/2/2021 12:42:17 pm

And maybe they'll lose.

Reply

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