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"Interlocutory Orders No. 20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618. Upon consideration of Appellant's and Appellee's joint motion to file out-of-time a petition for reconsideration and the parties' joint motion to withdraw the mandate for this Court's opinion of June 4, 2021, citing for the first time a statute directly relevant to the granted issue, it is ordered that the motion to file a petition for reconsideration out-of-time is granted, that the petition for reconsideration is granted, that the mandate issued on June 22, 2021, United States v. Brubaker-Escobar, 81 M.J. __ (C.A.A.F. June 4, 2021), is recalled and the judgment is vacated, and that no additional filings are authorized. Further action on the case shall be held in abeyance pending a new decision issued by the Court. " 
7/21/2021 12:14:23 pm
Question? Does this affect the trailer cases (listed in the June DJ)?
Accountability
7/22/2021 07:06:29 am
So the CAAF places the blame for its failure to follow statute at the feet of the parties for failing to cite that statute in their pleadings?
Attorney
7/22/2021 07:22:18 am
That's not how I read the order. The order is explaining the extraordinary cause for withdrawing the mandate. The parties seem to have both fallen on their sword, which demonstrates good cause. Needless to say, it's not a great look for anyone when this happens. But everyone makes mistakes, and I credit everyone involved for doing the right thing for the integrity of the system.
Donald G Rehkopf, Jr.
7/24/2021 03:52:16 pm
Oh heck, even SCOTUS blows it now and then on a military justice issue!! See, Kennedy v. Louisiana, 554 U.S. 945 (2008)(Mem.) And it may have been Dwight Sullivan who pointed out there mistake . . . if my memory is correct. Comments are closed.
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