CAAF Grants Review

4/20/2021

"No. 21-0135/AF. U.S. v. D'Andre M. Johnson. CCA 39676. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:

I. WHETHER THE MILITARY JUDGE PLAINLY ERRED BY PERMITTING TRIAL COUNSEL TO ARGUE FACTS NOT IN EVIDENCE.

II. DURING CLEMENCY, APPELLANT DETAILED THE DEPLORABLE CONDITIONS OF HIS POST-TRIAL CONFINEMENT. ON APPEAL, HE PROVIDED SUPPLEMENTARY INFORMATION ON THESE CONDITIONS TO SUPPORT HIS CLAIMS OF CRUEL AND UNUSUAL PUNISHMENT AND TO SEEK SENTENCE RELIEF. DID THE LOWER COURT ERR WHEN IT DECIDED IT COULD NOT CONSIDER THIS SUPPLEMENTARY EVIDENCE FOR ITS SENTENCE APPROPRIATENESS REVIEW?

No briefs will be filed under Rule 25."

Elizabeth M. Berecin

Managing Editor

8 Comments

William Cassara

4/21/2021 10:40:02 am

Curious about the lack of briefing.

Brenner M. Fissell

4/21/2021 09:10:14 pm

This is now the default for granted government appeals. I don't get it either.

Gene Fidell link

4/21/2021 11:14:32 pm

Not curious at all, Bill. See C.A.A.F.R. 19(a)(7)(A) ("no further pleadings will be filed"). Dispensing with further briefing is in keeping with the overall policy of giving priority to Art. 62, UCMJ appeals.

Gene Fidell

4/22/2021 06:39:08 am

A belated check of the AFCCA decision reveals that this is not an Art. 62, UCMJ case. See https://afcca.law.af.mil/content/afcca_opinions/cp/johnson_-_39676.u.pdf. So Bill is indeed right to find it curious that the court dispensed with further briefing.

William Cassara

4/22/2021 09:30:19 am

Brother Gene had me worried for a minute.

Philip D. Cave link

4/22/2021 08:02:32 am

(7) Granted Petitions.

(A) Article 62, UCMJ, Appeals. Where a petition has been granted in a case involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862, no further pleadings will be filed and the Court will, whenever practicable, give priority to such cases.

Brenner M. Fissell

4/22/2021 09:42:08 am

But what is the reason for this rule? That’s what I would like to know.

Donald G Rehkopf, Jr.

4/22/2021 02:35:48 pm

Can't delay a conviction, is the only logical explanation.

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Elizabeth M. Berecin

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