"No. 20-0267/AF. U.S. v. Ryan G. Uribe. CCA 39559. 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 issue:
WHETHER THE LOWER COURT ERRED IN FINDING THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN DENYING A JOINT MOTION TO RECUSE." Lower court opinion here. "On 8 March 2018, the Defense moved to have Judge Rosenow recuse himself from the case, on the basis that Judge Rosenow’s friendship with the senior trial counsel assigned to the case, Major (Maj) BJ, would undermine “public confidence in the fairness of the trial.” Attached to the motion was a summary of the Defense’s interview of Maj BJ on 8 March 2018, wherein he disclosed the following information: Maj BJ met Judge Rosenow in 2012, but their interactions were limited until they were both assigned as senior trial counsel based in the Washington, D.C., area beginning in mid-2014. During the following year, they discussed legal issues in the office and occasionally spent time together off-duty. Maj BJ attended Judge Rosenow’s bachelor party and wedding in 2015. In the summer of 2015, Maj BJ was reassigned to be a senior trial counsel based at Travis AFB, California....On some unidentified date Judge Rosenow’s wife went into labor while Judge Rosenow and Maj BJ were both out of town; Maj BJ’s girlfriend went to the hospital and was present for the birth." 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
|