tag:blogger.com,1999:blog-34853720.post487984585704109094..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: An Article 62 timelineDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-34853720.post-53297965107933751332008-07-09T13:33:00.000-04:002008-07-09T13:33:00.000-04:00Either Congress did provide CAAF with jurisdiction...Either Congress did provide CAAF with jurisdiction or it didn't. If it did (as CAAF determined), then CAAF can choose whether to review an individual petition from an Article 62 appeal. CAAF hardly could have reasoned that Congress intended to give it jurisdiction to review Article 62 appeals but it would decline to do so because it's too much work.<BR/><BR/>Nor is there any reason to fear that CAAF will be overwhelmed. Since 1983, CAAF has been exercising jurisdiction over Article 62 appeals. So Lopez de Victoria didn't expand CAAF's jurisdiction as applied; rather, it continued it. If CAAF wasn't overwhelmed by Article 62 appeals before Lopez de Victoria, there's no reason to assume it will be now.<BR/>Finally, CAAF will likely issue 65 opinions of the court this year. As we have previously mentioned, that's about 1.18 opinions of the court per judge per month. The court has significant excess capacity. CAAF could review every CCA ruling on every Article 62 and not be overwhelmed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-74480735703129956452008-07-05T13:50:00.000-04:002008-07-05T13:50:00.000-04:00Not a bad thought but would require an overhaul of...Not a bad thought but would require an overhaul of appellate divisions as they are not staffed for that and an education of both trial and defense counsel that not every issue is an appeal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-68694055269413039842008-07-05T13:09:00.000-04:002008-07-05T13:09:00.000-04:00I recently learned that Louisiana appellate courts...I recently learned that Louisiana appellate courts have supervisory juarisfiction much like the military. Why not continue the trial and expedite the appeal? I was in a litigation in New Orleans where a few weeks before trial we received an unfavorable (and ultimately incorrect) ruling from the judge. The La. appellate court took the appeal on a supervisory writ and reversed just before the trial started, . In the meantime the case continued just as if there was no appeal. When the ruling came back the parties adjusted there strategies accordingly. Why does it take months to review an interlocitory appeal pb a discrete evidentiary issue? Why can't this be done in weeks, not months?Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-2055715965489186432008-07-05T12:25:00.000-04:002008-07-05T12:25:00.000-04:00Delay in the appeals process should be of little c...Delay in the appeals process should be of little concern to CAAF. Either they can or can not hear an appeal of Art. 62 and CAAF has said it can. While in the past piecemeal litigation has been disfavored it now appears to be part of the due course of appellate practice.Anonymousnoreply@blogger.com