Tuesday, August 07, 2007

More on Colonel Murphy's writ

Over at the Sacrementorium, there's a new post shedding more light on Colonel Murphy's request for extraordinary relief from the Air Force Court. Judge Mathews the Greatest posted a comment noting that the Air Force Court's opinion is now up on the court's web site. Murphy v. Smolen, Misc. Dkt. No. 2007-03 (A.F. Ct. Crim. App. July 13, 2007).

Unfortunately, the Air Force Court, like the Navy-Marine Corps Court, issues orders in extraordinary relief cases in an extremely uninformative format. For example, counsel in the case aren't listed. I'm still wondering whether Colonel Murphy hired a civilian counsel and, if so, who. Also, the judges who rejected the claim aren't listed. The initiated probably know who is on Panel 1 of the Air Force Court, but I'm uninitiated. Perhaps the most informative portion of the order is the indication that Judge Jacobson didn't participate -- I don't know who did, but at least I know of one judge who didn't. I wonder if he was unavailable or if he recused himself -- which would hardly be an unexpected event in a case involving a senior Air Force officer who spent his career as a judge advocate.

5 comments:

Christopher Mathews said...

AFCCA panel assignments are posted on the court's website, and are usually kept reasonably current. As of the last update, Panel 1 consisted of Chief Judge Wise, Senior Judge Jacobson, and Judge Bechtold.

Panels may, of course, be reconstituted as circumstances dictate, in the discretion of the Chief Judge.

CAAFlog said...

Thanks, JMTGst! Any idea who Col Murphy's counsel is? Did he hire a civilian?

Bill Cassara said...

caaflog: The latest inside info I had is that Colonel Murphy is represented by an USAF 0-6 (probably the chief of defense or whatever the title is.) No civilian involved.

Anonymous said...

Lead Counsel is Colonel James Sinwell, former chief of the Trial Defense Division.

CAAFlog said...

I love the Air Force! The head defense counsel was named "Sinwell"? Who is the head TC, Colonel Hammer?