Thursday, April 19, 2007

The numbers climb like the Dow Jones Industrial Average

Barry Bonds sat out this afternoon's game, but last night he hit his fourth homer of the year.

And today CAAF's daily docket added two more days without a grant-and-brief. Adding insult to injury, CAAF denied 31 petitions in the latest update. That brings the total number of petitions denied since the last grant-and-brief to 106, including one denial of a petition for review of a successful Article 62 appeal. United States v. Jones, __ M.J. ___, No. 07-6003/AR (C.A.A.F. Apr. 10, 2007). (As I've previously suggested, I don't believe CAAF has statutory authority to grant a petition for review in such a procedural posture, though CAAF could grant a writ to review the CCA's opinion in the exercise of its potential appellate jurisdiction.)

Of course, it's possible that all 106 denials rejected issueless petitions. If, on the other hand, CAAF is going out of business, I call dibs on the CAAF library's military justice treatises when they go to DRMO.

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