Wednesday, May 23, 2007

New AF cert petition

On 21 May, Capt Fredland of Air Force Appellate Defense filed a cert petition in Banker v. United States, No. 06-1544. CAAF had affirmed in a summary disposition after the case returned from the remand Banker won in his initial appeal. See United States v. Banker, __ M.J. ___, No. 03-0128/AF (C.A.A.F. Feb. 20, 2007) (summary disposition); United States v. Banker, 60 M.J. 216 (C.A.A.F. 2004).

Capt Fredland, would you be so kind as to let us know the question presented?

3 comments:

Fitzcarraldo said...

As you wish...

Whether the Court of Criminal Appeals denied the petitioner’s right to advance notice of the nature and cause of the accusation against him and right to have all essential facts determined by a panel of members beyond a reasonable doubt when it used a “grooming” finding, neither alleged in the specification nor presented and contested at trial, to affirm his conviction for the alleged acts of consensual sodomy when LGG was age 16-19?

Banker is the fourth cert petition that JAJA has filed since November 2006, after not filing any for over a year and a half before then. We'll be submitting another one soon: Cossio v. US.

CAAFlog said...

JAJA? Isn't she Eva Gabor's sister?

Fitzcarraldo said...

As long as it's not "JAJA Binks"...