Tuesday, December 12, 2006

New CAAF grant

On 7 December, CAAF granted review of the following issues:

I. WHETHER THE MILITARY JUDGE ERRED IN FINDING THERE WAS A "DE FACTO DISMISSAL" OF THE CHARGES AGAINST APPELLANT ON 6 NOVEMBER 2001 THAT WAS DONE FOR A LEGITIMATE REASON.

II. WHETHER THE MILITARY JUDGE ERRED IN FINDING THAT APPELLANT WAS NOT DENIED THE RIGHT TO A SPEEDY TRIAL UNDER ARTICLE 10, UCMJ.

III. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL DEFENSE COUNSEL DID NOT INFORM HIM THAT AN UNCONDITIONAL GUILTY PLEA WAIVED THE SPEEDY TRIAL ISSUE UNDER R.C.M. 707.

IV. WHETHER APPELLANT'S PLEA WAS IMPROVIDENT WHERE IT WAS ENTERED UPON THE MISTAKEN BELIEF THAT HIS R.C.M. 707 SPEEDY TRIAL ISSUE WOULD BE PRESERVED FOR APPEAL.

United States v. Tippit, No. 06-0914/AF.

The Air Force Court's rather extensive unpublished opinion in the case can be found here:

https://afcca.law.af.mil/content/afcca_opinions/cp/tippit-35624.u.pdf

9 comments:

Anonymous said...

And the Navy has some new cases up on it's website.

gene fidell said...

Is it too much to ask that CAAF-- which is still located in DoD "for administrative purposes", art. 141, UCMJ--and the CCAs get together on a single, integrated military justice cases website? The tardy and haphazard availability of decisions is hard to defend in this digital age. This might be a worthwhile New Year's resolution.

Dwight Sullivan said...

Sounds like Gene is dreaming of a purple New Year's. :-)

Jason Grover said...

If Gene had his way we would have a purple military bench too, with defined terms!

gene fidell said...

If Gene [hey, that's me] had his way, there'd be one fewer tier in the appellate process. Think of the time, effort, and money saved.

No Man said...

Alas Mr. Fidell's dream will have to go the way of other pipe dreams, like eliminating mandatory review, because a DoD court would never have the ability to sort out the difference between Mast, Office Hours, and Art. 15 or the difference between a Marine securing a building and the Air Force securing a building (one involves overwhelming firepower and the other invovles a duly recorded deed and debenture financing, I'll let you figure out which is which). But, I respect an Mr. Fidell's unwavering support for a position that essentially calls in artillery on his own position. Military appellate practitioners would cut their fees in half! The CCAs, in my humble opinion, are like an entitlement program and not going anywhere soon.

Bridget said...

Fees? who gets fees?

gene fidell said...

Bridget, Bridget. Let's talk.

Anonymous said...

Is it strange for an appellant to be so interested in their case that they fly out to DC just to be there for the orals? Honestly, I haven't heard of this happening often, but I'm sure it must...