United States v. Sergeant ROBERT B. BERGDAHL

UNITED STATES ARMY COURT OF CRIMINAL APPEALS
Before
HAIGHT, PENLAND, and WOLFE
Appellate Military Judges
The UNITED STATES, Petitioner
v.
Sergeant ROBERT B. BERGDAHL
United States Army, Respondent
ARMY MISC 20160173
Headquarters, U.S. Army Forces Command
Jeffery R. Nance, Military Judge
For Petitioner: Colonel Mark H. Sydenham, JA; Captain Jihan Walker, JA; Captain
Carling M. Dunham, JA (on brief).
For Respondent: Lieutenant Colonel Jonathan F. Potter, JA; Captain Nina S. Banks,
JA; Lieutenant Colonel Franklin D. Rosenblatt, JA; Captain Matthew D. Bernstein,
.JA; Eugene R. Fidell, Esquire (on brief).
25 March 2016
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SUMMARY DISPOSITION AND ACTION
ON PETITION FOR EXTRAORDINARY RELIEF IN THE
NATURE OF A WRIT OF PROHIBITION
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Per Curiam:
Petitioner is charged with desertion and misbehavior before the enemy, in
violation of Articles 85 and 99, Uniform Code of Military Justice, 10 U.S.C. §§ 885and 899.
On 18 March 2016, the government petitioned this court for extraordinary
relief in the nature of a writ of prohibition. Specifically, petitioner asks this court to
“issue a writ of prohibition to order the defense team to abide by the automatic stay
pursuant to Rule[] for Court-Martial (R.C.M.) 908(b)(4) and the formal stay issued
by this court and abide by the protective orders issued by the convening authority,
which are still in effect pending further litigation.”
The petition of the United States for extraordinary relief in the nature of a
writ of prohibition is hereby DENIED.
BERGDAHL – ARMY MISC 20160173
FOR THE COURT:
FOR THE COURT:
JOHN P. TAITT
JOHN
Acting P. TAITT
Clerk of Court
Acting Clerk of Court
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