Thursday, January 15, 2009
On Monday, CAAF heard oral argument in United States v. Smead, No. 08-0376/MC. Yesterday, CAAF ordered additional briefing in the case. CAAF gave appellate defense counsel 15 days to file a supplemental brief addressing "WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT THE CHARGE OF RAPE OF A CHILD, WITHDRAWN AND DISMISSED 'WITH PREJUDICE' AT APPELLANT'S FIRST COURT-MARTIAL, COULD BE REFILED PRIOR TO APPELLANT’S REHEARING." The Government then has 15 days to file its brief and the defense has another 5 days to file a reply.