"This is a case about the flagrant abuse, for obvious political purposes, of the due process rights of a repatriated American POW...." Comment: So, the question is, did the military courts give "full and fair consideration" to the claims. Think about the judicial bias claim. This was a claim based on facts discovered (via FOIA!) after briefing and argument--a claim that elicited an invitation to file a coram nobis. After the coram nobis was filed, the lower court denied it on the basis of it not being raised sooner. Full and fair consideration? Remember, the question is not whether you would grant relief, but whether the claim was considered. The answer to that seems to be an obvious "no."
NotALawyer
10/25/2021 01:45:48 pm
Researching something unrelated to Bergdahl, I cam across this ruling in Wisconsin at https://caselaw.findlaw.com/us-7th-circuit/1694000.html Comments are closed.
|
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
Archives
April 2022
|