"Interlocutory Order
No. 21-0354/AF. U.S. v. Jamal X. Washington. CCA 39761. On consideration of Appellant's petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, and Appellee's motion to dismiss the petition, it is noted that the Court of Criminal Appeals affirmed some findings of guilt and set aside other findings of guilt and the sentence and authorized a rehearing. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. § 867(c) (2018), this Court has jurisdiction to consider the petition. However, given the possibility of a rehearing, the petition is not ripe for review at this time. Accordingly, it is ordered that the petition for grant of review is denied without prejudice to Appellant's right to raise the matters asserted during the normal course of appellate review, and the motion to dismiss is denied as moot."
Attorney
10/5/2021 04:59:32 pm
This seems to address the quandary appellate defense often find themselves in when they get partial relief - and an order for a rehearing - but they are still unhappy. CAAF seems to be saying that an appellant doesn't waive CAAF review by waiting for the rehearing to occur. It would seem as though an appellant may wait for the convening authority to order the rehearing. If that doesn't occur, the case goes back to NMCCA under its continuing jurisdiction authority over the case. And after the NMCCA issues the new opinion/disposition, the appellant then has 60 days to petition CAAF.
Attorney
10/5/2021 05:00:58 pm
*The same analysis would apply, of course, if the CA *does* authorize the rehearing.
Concerned Citizen
10/6/2021 04:00:47 pm
This isn’t the worst outcome, as long as Lt. Col. Scheller faces a court-martial. Not because he was demanding accountability. You can agree with him about that. It’s understandable to suggest senior leaders should be held accountable for what happened on 26 August in Afghanistan. Clearly many people believe that, and it’s plain to see why. Comments are closed.
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