Wednesday, December 10, 2008

CAAF kicks two cases back to the CCAs

CAAF yesterday kicked two cases back to the Courts of Criminal Appeals. In one, it remanded a case to the Air Force Court to clarify an ambiguity in a sentence reassessment it performed. United States v. Mohamed, __ M.J. ___, No. 08-0720/AF (C.A.A.F. Dec. 9, 2008) (summary disposition). Here's a link to AFCCA's ruling in the case.

CAAF also remanded a case to ACCA to investigate an IAC claim. In United States v. Jones, __ M.J. ___, No. 08-0683/AR (C.A.A.F. Dec. 9, 2008) (summary disposition), CAAF granted review of this issue: "WHETHER APPELLANT'S TRIAL DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO REQUEST ARTICLE 13 CREDIT FOR ALLEGED ILLEGAL PRETRIAL PUNISHMENT INFLICTED ON APPELLANT." CAAF then set aside ACCA's decision and remanded the case for ACCA "to obtain an affidavit from trial defense counsel that responds to Appellant's allegation of ineffective assistance of counsel." Id. ACCA's opinion in the case doesn't appear to be on its web site.


Christopher Mathews said...

Mohamed seems to me to be an unusually long per curiam. Any idea why the author judge is unnamed?

Dwight Sullivan said...

Judge Mathews the Greatest, wouldn't you be in a better position to tell us than vice versa? :-)