Wednesday, December 10, 2008

To quote Queen, another one bites the dust

Today's daily journal update explains why the 15 December oral argument sitting went away. CAAF was scheduled to hear argument in United States v. Hickman, No. 09-6001/MC -- an Article 62 appeal case where NMCCA reversed the trial judge's ruling. United States v. Hickman, No. NMCCA 200800529 (N-M. Ct. Crim. App. Sept. 18, 2008) (per curiam). (The trial judge whose ruling was reversed was LtCol Beal -- he of Article 120 unconstitutionality fame.)

On Monday, CAAF granted Code 46's unopposed motion to dismiss the petition for grant of review. United States v. Hickman, __ M.J. ___, No. 09-6001/MC (C.A.A.F. Dec. 8, 2008) (summary disposition). CAAF's order explains that "the charge against the Appellant was withdrawn from the pending special court-martial and adjudicated at a summary court-martial, and the petition is now moot." Id.

So strike another case from CAAF's docket.

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