CAAF recap

The last time I tried to do this, apparently I missed a case. Let me try again, incorporating more recent developments.

The three-judge version of CAAF (Chief Judge Effron, Judge Baker, Judge Erdmann) heard 20 cases in October and November. CAAF has ordered that one of these, Moran, be reargued on 13 March, as previously discussed here. That leaves 19 cases. CAAF has now decided 12 of those 19, plus Canchola, 64 MJ 245, a case in which it didn't hear oral argument.

Every CAAF decision announced thus far this term has been unanimous. (That figure may not be predictive of the overall pattern, since unanimous decisions are likely to come out more quickly than divided decisions.) Six have been written by Chief Judge Effron and three each by Judges Baker and Erdmann. Canchola was per curiam.

Only one case -- Rankin -- remains to be decided from the first argument week in October. Rankin asks that question for the ages: "Whether the business records admitted into evidence over defense objection were testimonial hearsay"?

Two cases remain to be decided from October's second oral argument week. The first is Terry, another members challenge case that has been the subject of long-standing CAAFlog fascination. Terry also includes a constructive force instruction issue.

The second case is Foster, which concerns whether the military judge became a partisan advocate for the government and whether the military judge's treatment of a defense expert denied the accused's right to present a defense.

Only two of the seven cases argued in November (one of which will be reargued) have been decided.