NMCCA ordered to either decide case or explain delay in en banc reconsideration

On 16 November 2006, NMCCA issued a split opinion setting aside the findings and sentence in a general court-martial case due to the trial counsel's comment on the accused's silence. United States v. Abdirahman, No. NMCCA 200401082 (N-M. Ct. Crim. App. Nov. 16, 2006). Apparently the Government moved for en banc reconsideration and the court granted that motion. But now -- almost 17 months later -- NMCCA has yet to issue its opinion. Seaman Recruit Abdirahman's counsel sought an extraordinary writ from CAAF ordering NMCCA to withdraw its order granting en banc reconsideration or, in the alternative, decide the case within 45 days. The government responded by objecting to the withdrawal option but joining in the decide-within-45-days option.

CAAF has now responded with an order denying the portion of the petition for extraordinary relief seeking to quash the en banc reconsideration, but ordering "that the United States Navy-Marine Corps Court of Criminal Appeals shall either decide the case within 45 days or provide this Court with an explanation of the need for further consideration." Abdirahman v. United States, __ M.J. ___, No. 08-8008/NA (C.A.A.F. Apr. 3, 2008).