tag:blogger.com,1999:blog-34853720.post1680370806440377476..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Code 46 files writ appealDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-34853720.post-78387535151259114742008-08-25T10:57:00.000-04:002008-08-25T10:57:00.000-04:00Isn't it the CAAF's job to point our errors from t...Isn't it the CAAF's job to point our errors from the CCAs?John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-44381175566176041792008-08-25T09:21:00.000-04:002008-08-25T09:21:00.000-04:00Anon Sun 0645,Ahh yes, the popular perception amon...Anon Sun 0645,<BR/><BR/>Ahh yes, the popular perception among NMCCA judges that they are the martyrs of CAAF, which seeks fiendish delight in unfairly pointing out their every flaw. I have heard this lamentation from more than one NMCCA judge, including a former Chief Judge. <BR/><BR/>Life just isn't fair, is it? Of course, the quality of the opinions would have nothing to do with this, would it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-90070890410049172322008-08-24T18:45:00.000-04:002008-08-24T18:45:00.000-04:00Marcus...it seems to me that CAAF is always lookin...Marcus...it seems to me that CAAF is always looking for a reason to point out NMCCAs errors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-84884397136783136022008-08-24T12:46:00.000-04:002008-08-24T12:46:00.000-04:00What do you do when NMCCA clearly states rulings m...What do you do when NMCCA clearly states rulings must be on the record and then a scant time later accepts an MJs ruling via email? It seems like the outcome of this case is of little import but the overall requirements is what the government is trying to clear up. As it stands the same court has issued their "reminder" to MJs but then accepted something on contravention of that requirement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-24845945989363618922008-08-24T12:22:00.000-04:002008-08-24T12:22:00.000-04:00It looks like in this particular case, the questio...It looks like in this particular case, the question of timeliness has been settled by CCA, who called their notification "timely." I doubt that CAAF will contravene RCM 908(b)(4)'s prohibition against further sessions of court for the sake of making a point to MJ's, especially in the context of a disfavored government writ appeal. I still think the government will be lucky to lose this one.Marcus Fultonhttps://www.blogger.com/profile/14070796580668712006noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-44110457047617538692008-08-23T19:46:00.000-04:002008-08-23T19:46:00.000-04:00Bottom line, how do you authenticate the record of...Bottom line, how do you authenticate the record of trial based upon an email ruling? When would the government clock start? When they get the email? When they open it? When it is sent? The law is clear it starts at the judge's ruling so it makes perfect sense for the government to want that time fixed within the record of trial. And, as best I can tell, the accused has the absolute right to be present in the court-martial when all decisions are made. In this case the government requiring to place his ruling on the record as is required avoids an appellate issue and yet again reminds MJs of their duties.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-71585950930281860122008-08-23T14:51:00.000-04:002008-08-23T14:51:00.000-04:00I share CAAFlog's confusion as to why the governme...I share CAAFlog's confusion as to why the government wants CAPT Harty to perfect the record against it before they try to appeal. I've lost motions in front of Judge Harty before. Sometimes he rules, informing the parties that he will complete his written findings of fact and conclusions of law in a few days. I don't remember my client's position ever improving any after I got his written findings. When the judge ruled against the government, he dug a hole for them. Not sure why they insist he pour the concrete before they try to get out.<BR/><BR/>As for proposed findings of fact and potential objections to proposed findings of fact, I don't see why those would matter. First, shouldn't they have been submitted with the motion? Why submit them after the court decides an issue? At any rate, after a court decides, you have actual findings of fact--much more interesting than proposed findings. And if they're underdeveloped due to lack of counsel involvement, so much the better if you're the appellant, in this case the government.Marcus Fultonhttps://www.blogger.com/profile/14070796580668712006noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-77672717161030641332008-08-23T09:43:00.000-04:002008-08-23T09:43:00.000-04:001203 Anon, what is this Will v. United States case...1203 Anon, what is this Will v. United States case of which you speak?Dwight Sullivanhttps://www.blogger.com/profile/11657981110237418710noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-56889105703182105392008-08-23T09:33:00.000-04:002008-08-23T09:33:00.000-04:00This comment has been removed by the author.Marcus Fultonhttps://www.blogger.com/profile/14070796580668712006noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-37611615254554079032008-08-23T07:17:00.000-04:002008-08-23T07:17:00.000-04:00Am I missing something? What speedy trial issue is...Am I missing something? What speedy trial issue is there in this case? <BR/><BR/>NMCCA said the decisions of MJs should be on the record and not in email form.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-74583166218953100832008-08-23T00:03:00.000-04:002008-08-23T00:03:00.000-04:00Absolutely ludicrous. Why couldn't the government ...Absolutely ludicrous. Why couldn't the government simply file under 62, as the court stated they could do? I assume the government expects the trial to be stayed until resolution of the writ issue. So speedy trial concerns don't exist if the government feels wronged? And what about the limitations of government writ petitions in Will v. United States?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-67320294139275651822008-08-22T22:56:00.000-04:002008-08-22T22:56:00.000-04:00This comment has been removed by the author.Paulhttps://www.blogger.com/profile/01091271207452763627noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-47111599334719056312008-08-22T22:46:00.000-04:002008-08-22T22:46:00.000-04:00The problem with "email rulings" is that such a co...The problem with "email rulings" is that such a course of action prevents other relevant documents from also becoming part of the ROT - documents that may be helpful to CCA's detemination of Article 62 appeals. Absent approval by the MJ, TCs and DCs don't get to append documents such as proposed FOF, objections to proposed FOF . . . to the ROT unless there is an Article 39a session.<BR/><BR/>I'm glad to see Code 46 has taken this important issue to the CAAF.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-61578134745127570362008-08-22T22:21:00.000-04:002008-08-22T22:21:00.000-04:00If the MJ did not rule on the record as required t...If the MJ did not rule on the record as required the time for the government to appeal, despite their "notice of appeal," should not run. Appending an email ruling to the ROT is poor form and since Wheeler isn't that old I am surprised NMCCA was so dismissive.Paulhttps://www.blogger.com/profile/01091271207452763627noreply@blogger.com