Wednesday, May 23, 2007

Do not go directly to CAAF; do not collect writ of mandamus

CAAF' summary disposition of a petition for writ of mandamus in the Army case of Daniels v. United States, Misc. No. 07-8016/AR, reminds us that CAAF's "Rule 4(b)(1) provides that '[a]bsent good cause, no [petition for extraordinary relief] shall be filed unless relief has been sought in the appropriate Court of Criminal Appeals.'" CAAF observed, "Petitioner has not first sought relief at the lower court and has made no showing of good cause. Accordingly, it is ordered that said petition is hereby denied." Does anyone know the nature of the writ? And, hey, bypassing ACCA may not even be a good idea. Unlike the Air Force and Coast Guard Courts, at least ACCA has actually issued some writs during the current decade. (That last sentence would also work if it concluded with either "this century" or "this millennium." Please vote for your favorite closing.)

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