Thursday, December 14, 2006

United States loses Dearing - again.


The C.A.A.F. issued an order today granting OSSN Brian Dearing's petition for a writ of mandamus and ordering the immediate release of Dearing from the United States Disciplinary Barracks. In its opposition to the petition, the government asked the Court to stay its previously issued mandate. It also argued that the United States could continue to hold Dearing in confinement until the ninety-day period to petition the Supreme Court had elapsed. The Court soundly rejected both arguments. The government must now properly place OSSN Dearing in pre-trial confinement for what the N-M.C.C.A. described as a "road rage" incident that occurred on September 18, 1999, or release him. OSSN Dearing should be home for Christmas.

1 comment:

Dwight Sullivan said...

That certainly strikes me as the correct resolution of the Dearing writ. It appears that the United States was essentially defying CAAF's ruling and mandate. This is the quintessential use of a writ: to ensure compliance with a court's order.

I'll look forward to seeing the Dearing order posted on the daily journal within the next few days.