Court of Appeals for the Armed Forces--Badders

The CAAF in this case holds that,

"[W]hen a military judge declares a mistrial, the government may appeal that ruling to a service court of criminal appeals under Article 62(a)(1)(A), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862(a)(1)(A) (2018).

Appellant argued three reasons why a mistrial ruling was not appealable under Article 62.

• A mistrial is not a listed event in the statute.
  
• A mistrial does not "necessarily end judicial action," there can be a rereferral.
  
• A mistrial is not appealable in federal court so can't be here.

CAAF interprets the meaning of "terminates the proceedings" and concludes that, while there may be some ambiguity in the statute, the full context and a liberal construction result in a mistrial being a terminal event.