2010 (September Term)
United States v. Savard, 69 M.J. 211 (when one of the parties so requests, RCM 905(h) requires that the military judge hold a hearing on a written motion).
United States v. Wellington, 58 MJ 420 (Article 40, UCMJ, empowers military judges, to grant a continuance for reasonable cause to any party for such time, and as often, as may appear to be just; reasonable cause includes insufficient opportunity to prepare for trial).
(broad discretion must be granted trial courts on matters of continuances; only an unreasoning and arbitrary insistence upon expeditiousness in the face of a justifiable request for delay will result in reversal; on the other hand, possible loss of witnesses is a valid consideration in deciding whether to deny a continuance).(appellant did not establish any prejudicial error in the denial of his motion for a continuance that was sought to review the victim's medical records in order to determine her medications, her mental status, and the times when she was hallucinating; appellant's counsel cross-examined the victim's doctors about these matters at trial; appellant failed to show what he would have done differently if the government had responded to his discovery request in a timely manner).
States v. Scott, 51 MJ 326 (MRE 304(d)(4) required any motion
to suppress or objection to statements made by the accused to be
submitted prior to the pleas; such motions may be deferred for good