Thursday, May 03, 2007

New CAAF opinion

United States v. Adcock, __ M.J. ___, No. 06-0714 (C.A.A.F. May 3, 2007). Judge Erdmann for the majority; Judges Stucky and Ryan in dissent. The majority opinion explains:
We granted review in this case to determine whether there is a remedy for the conditions of Adcock’s pretrial confinement in a civilian jail, which violated several provisions of Dep’t of the Air Force, Instr. 31-205, The Air Force Corrections System (Apr. 7, 2004) [hereinafter AFI 31-205]. We find that the military judge abused his discretion in failing to award additional confinement credit under R.C.M. 305(k) and therefore direct additional confinement credit.

Id., slip op. at 3.

No comments: