United States v. McIver

DUNBAR, Senior Judge

(concurring):

I concur. I also agree with Judge Baum in his concurring opinion that we should not lay out the rule that preliminary motions should be entertained in “most cases”. I believe that such determinations should be made solely on an individual basis by the military judge depending on the circumstances of each case, and, as Judge Baum states, the fact that a pretrial agreement exists can and should be considered by the judge in making this determination.