Today's daily journal update explains why the 15 December oral argument sitting went away. CAAF was scheduled to hear argument in United States v. Hickman, No. 09-6001/MC -- an Article 62 appeal case where NMCCA reversed the trial judge's ruling. United States v. Hickman, No. NMCCA 200800529 (N-M. Ct. Crim. App. Sept. 18, 2008) (per curiam). (The trial judge whose ruling was reversed was LtCol Beal -- he of Article 120 unconstitutionality fame.)
On Monday, CAAF granted Code 46's unopposed motion to dismiss the petition for grant of review. United States v. Hickman, __ M.J. ___, No. 09-6001/MC (C.A.A.F. Dec. 8, 2008) (summary disposition). CAAF's order explains that "the charge against the Appellant was withdrawn from the pending special court-martial and adjudicated at a summary court-martial, and the petition is now moot." Id.
So strike another case from CAAF's docket.
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