tag:blogger.com,1999:blog-34853720.post7676618204710711004..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Foerster cert petitionDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-34853720.post-39686197735203702902007-10-05T21:28:00.000-04:002007-10-05T21:28:00.000-04:00It seems to me that Foerster is akin to Davis v. U...It seems to me that Foerster is akin to Davis v. United States, where the Supremes took a military case for an issue of general applicability (in that case, the effect of an ambiguous request for counsel), one that basically treats the CAAF as one of the federal courts of appeals that can be a source of criminal law cases. The other CAAF decisions that the Supreme Court has taken (Solorio, Weiss, Ryder, Scheffer, Goldsmith) have all considered the constitutionality of aspects or practices that are peculiar to the court-martial system.<BR/><BR/>I think it's a positive development if the Supreme Court looks to CAAF decisions for criminal law cases of general applicability in the same way as it would view decisioons from the Second Circuit. Such a practice elevates the standing of courts-martial in my mind.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.com