Page:Title 3 CFR 2005 Compilation.djvu/202

 Executive Orders EO 13387 the government in order to refer a court-martial as capital. It also provides a default construct that is applicable to the vast majority of actual capital eligible cases." (g) The Analysis accompanying R.C.M. 307(c)(4) is amended by inserting the following prior to the discussion of subsection (c)(5): "2005 Amendment: The first sentence of the non-binding discussion was moved to subsection (4) to reflect the decision of United States v. Quiroz, which identifies the prohibkion against the unreasonable multiplication of charges as a "a long-standing principle" of military law. See United States v. Quiroz, 55 M.J. 334, 337 (C.A.A.F. 2001)." (h) The Analysis accompanying R.C.M. 503(b)(3) is amended by inserting the following paragraph: "2005Amendment: Subsection (b)(3) was amended to clarify that a military judge from any service may be detailed to a court-martial convened by a combatant or joint commander." (i) The Analysis accompanying R.C.M. 503(c)(3) is amended by inserting the following: "2005Amendment: Subsection (c)(3) was amended to clarify that counsel from any service may be detailed to a court-martial convened by a combatant or joint commander." (j) The Analysis accompm\177ying R.C.M. 504(b)(2)(B) is amended by inserting the following paragraph: "2005 Amendment: Subsection (b)(2)(B) was amended to clarify those authorized to determine when a unit is "separate or detached.'"' (k) The Analysis accompanying R.C.M. 601(e) is amended by inserting the following paragraph: "2005 Amendment: The Discussion section was amended to reflect the rule changes that require the convening authority to affirmatively refer a capital punishment eligible offense for trial as a capital case." (1) The Analysis accompanying R.C.M. 907(b)(2) is amended by inserting the following 189

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