Wednesday, December 19, 2007

WWBJD III: The certified issue

Since 30 November, three certificates of review have been filed at CAAF -- with the time for the filing of another certificate extended through this Friday. This bumper crop of certificates led me to take a look at the data. As usual, my research period extends back to 1999 -- the first complete calendar year for which CAAF's daily journal is available on its web site.

Question # 1: How many certificates of review have been filed in the 9 years minus 13 days in the study period? 42.

Question # 2: What is the service breakdown? Army = 13; Air Force = 7; Navy-Marine Corps = 16; Coast Guard = 6.

Question # 3: How often does a certified issue lead to reversal of the CCA's opinion? 54% 20/37 (5 certified issues remain pending) (This 54% figure is somewhat skewed because certified issues led to 5 carbon copy reversals of NMCCA opinions during the Campbell/Green changeover in urinalysis law and similar certified issues led to 2 combined reversals of ACCA in Alexander and Vandershaaf, 63 M.J. 269 (C.A.A.F. 2006).)

Question # 4: In how many of the 42 certified issue cases had the government prevailed at the CCA level? 2, both certified by the Judge Advocate General of the Navy. United States v. Rodriguez, 60 M.J. 87 (C.A.A.F. 2004); United States v. Byrd, 53 M.J. 35 (C.A.A.F. 2000).

Question # 5: How many cases were certified more than once within the study period? 1: United States v. Gutierrez, which has been certified by the Judge Advocate General of the Army twice -- once for each of ACCA's opinions ruling for Gutierrez.


Jason Grover said...

How many of the certified cases had cross-issues granted? I had two of those cases, Long (with Charlie Gittens) and Quintanilla.

Jason Grover said...

More on Question #4,
In United States v. Long, the government prevailed in the sense that the conviction was affirmed. CCA found error, but found it was harmless beyond a reasonable doubt. The government certified because CCA found a reasonable expectation of privacy in emails on a government computer. But the government won at the CCA level in the sense that the conviction was affirmed.