Saturday, June 23, 2007

CAAF Box Score

Since Judges Stucky and Ryan joined the court, CAAF has heard oral argument in 36 cases. It has now decided 35 of them. The only case in which CAAF has heard oral argument this term in which it has not released its opinion is United States v. Wilson, 06-0870/AR, which was argued on 30 April. The originally granted issue in Wilson was:
WHETHER THE ARMY COURT ERRED BY AFFIRMING THE FINDINGS AND SENTENCE WHERE THE MILITARY JUDGE, IN ACCEPTING APPELLANT’S GUILTY PLEA TO SODOMY WITH A CHILD UNDER 16, INSTRUCTED APPELLANT THAT HIS HONEST AND REASONABLE MISTAKE OF FACT DID NOT CONSTITUTE A DEFENSE.

As we previously discussed, shortly after hearing the oral argument in Wilson, CAAF ordered briefing on the following issue:

IS THE DEFENSE OF MISTAKE OF FACT AS TO AGE AVAILABLE WITH RESPECT TO A CHARGE OF SODOMY WITH A CHILD UNDER THE AGE OF 16, ARTICLE 125, 10 U.S.C. § 825?

CAAF also invited all of the other appellate government and defense divisions to weigh in with amicus briefs.

It isn't apparent whether CAAF will decide Wilson this term or hold the case over for reargument next term. Perhaps CAAF has now finished its work for the 2007 term. Or perhaps it will issue a ruling in Wilson once all of the briefs have been submitted.

Here are the box scores for the 35 opinions issued by the newly constituted five-judge court:

Chief Judge Effron: 6
Judge Baker: 8
Judge Erdmann: 8
Judge Stucky: 6
Judge Ryan: 7

1 comment:

Gene Fidell said...

Why was the invitation for amicus briefs sent only to the appellate divisions?