LRM v. Kastenberg

72 M.J. 364 (2013)

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LRM v. Kastenberg

United States Court of Appeals for the Armed Forces
72 M.J. 364 (2013)

Facts

Airman First Class Nicholas Daniels was charged with the rape of Airman First Class LRM (plaintiff). Lieutenant Colonel Joshua Kastenberg (defendant) served as the military judge for the case. Captain Seth Dilworth served as special victims’ counsel for LRM. In his notice of appearance, Dilworth asserted that LRM had standing involving issues arising under Military Rules of Evidence (MRE) 412 (rape shield), 513 (psychotherapist-patient privilege), and 514 (victim advocate–victim privilege) in which LRM was the patient or witness. Dilworth asked the court to direct the defense counsel to provide LRM with copies of any motions related to these rules. The defense counsel agreed to provide copies but objected to Dilworth’s attendance or participation in any evidentiary hearings. At Daniels’s arraignment hearing, Kastenberg ruled that LRM’s right to be heard was limited to factual matters, Dilworth was prohibited from arguing evidentiary matters on LRM’s behalf, and LRM did not have standing to file motions for relief regarding production of documents. LRM’s motion for reconsideration was denied. LRM petitioned the Air Force Criminal Court of Appeals for a writ of mandamus. The court denied the petition, citing a lack of jurisdiction. The Air Force Judge Advocate General then certified several issues, including the issue of LRM’s right to be heard through counsel, to the United States Court of Appeals for the Armed Forces.

Rule of Law

Issue

Holding and Reasoning (Baker, C.J.)

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