CAAFlog
  • Home

CAAFlog

And another

7/21/2021

 
"​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. "
brubaker-escobar_-_20-0345_ar_-_joint_motion_to_withdraw_the_mandate.pdf
File Size: 300 kb
File Type: pdf
Download File

brubaker-escobar_-_20-0345_ar_-_joint_motion_for_leave_to_file_petitions_for_reconsideration_out_of_time.pdf
File Size: 282 kb
File Type: pdf
Download File

brubaker-escobar_-_20-0345_ar_-_appellants_petition_for_reconsideration.pdf
File Size: 176 kb
File Type: pdf
Download File

Philip D. Cave link
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?

I guess only judges are permitted ignorance of the law?

Owning ones mistakes is the essence of maturity. To not see that maturity reflected in the orders of the military jurisdiction’s highest and only civilian court is disheartening.

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.

What I'd like to know is: why now? You would think it would have been caught sooner. I wonder if someone uninvolved in the litigation brought it to the attention of one of the litigants.

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.
    Picture
    Picture
    Picture
    Links
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law
    Army Lawyer
    Resources

    Categories

    All
    Daily Journal
    MJ Reform
    Question Time
    Scholarship
    Top Of The Year 2021
    Unanimous
    Week In Review

    Archives

    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home