More Moreno

Apparently not satisfied with shaking the foundations of the military appellate system once, Marine Corporal Javier Moreno recently filed a petition for extraordinary relief seeking to have his military appellate defense counsel represent him on remand. On 31 October, CAAF denied the petition "without prejudice to Petitioner’s right to raise the issue asserted in the petition during the course of normal appellate review if he is convicted." Moreno v. Jones, Misc. No. 07-8003/NA. That phrase is amusing since "the course of normal appellate review" is so different now than before CAAF's last ruling in Cpl Moreno's case. United States v. Moreno, 63 MJ 129 (C.A.A.F. 2006).

--Dwight Sullivan