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Bergdahl Reconsideration Denied

10/14/2020

4 Comments

 
motion_order3_-_october_14_2020.pdf
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4 Comments
Don Rehkopf
10/14/2020 04:51:58 pm

Very interesting dispositional order. Let ACCA take the first shot.

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Brenner M. Fissell
10/14/2020 05:34:58 pm

Don--you are the master of writs, so can you please explain? Why not coram nobis straight to CAAF?

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Don Rehkopf
10/16/2020 11:23:24 am

While they obviously didn't say specifically why, it would appear - at least to me - that the "hint" was because of the CCA's fact-finding abilities under Art. 66. ACCA can either supplement the record to get the matters pertaining to the MJ "in the record," or order a DuBay hearing to do so.

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Poster
10/14/2020 08:44:39 pm

If I had to guess, it would be that coram nobis is the substance (record) before us. By going to ACCA the record would before ACCA would first be considered for completeness.
Seems like MJ2016 said something about jurisdiction. So, yeah.

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