Monday, June 01, 2009

Closing In On Denedo, Though Not Yet

No Denedo in SCOTUS opinions today. Next Monday, June 8 is the next chance.


Cossio said...

I have a question, does a favorable ruling in Denedo allow for Government Military Counsel to be appointed for Civilians (like me) who have Appellate issues?

I thought Denedo obtained Civilian Counsel, just asking.

Anonymous said...

Yes. The civilians tried under the "new" UCMJ had counsel appointed for them. No reason to think the Denedo-class would be any different.

Issue though would be fitting into the Denedo class, not the counsel once you are 'present' for class.

Anonymous said...

Thank You.

- TC

John O'Connor said...

I wouldn't be so sure about that. The civilians court-martialed under the new (unconstitutional) amendment to Article 2 were subjected to trial by court-martial. I'm not so sure you can just call a local appellate defense shop, explain that you were court-martialed ten years ago, and that you would like them to file a writ on your behalf.

Anonymous said...

If CAAF decides to hear a Denedo Class petition, a civilan may be able to rely upon Article 70 to request military appellate counsel. Moreover, Article 70(c) states appellate defense counsel shall represent the accused when the U.S. is represented by counsel. Presumably, the U.S will be represented by counsel in such a case.

Cossio said...

Yes, obviously this concerns my case which is why I am asking. I am waiting on three things

1) Opinion in Denedo 2) My FOIA request for the perjury investigation to be fufilled 3) Hell to Freeze Over (about the time AFCCA will ever grant me relief)

The Investigation is under "legal review", once that is completed it will be released to me.

So you guys in the AF Appellate Defense closet be prepared, if things fall my way things could get a little interesting.