Monday, March 30, 2009

BREAKING NEWS: CAAF halts Webb court-martial

We previously discussed the Air Force Court's recent Webb opinion. United States v. Webb, __ M.J. __, No. 2009-01 (pet) (A.F. Ct. Crim. App. March 20, 2009). Last week, Webb filed a writ appeal. The case presents a personal jurisdiction challenge to the trial of an airman (former airman?) who received his DD 214 and final accounting of pay before the military brought him back to face trial by court-martial. His command had unsuccessfully attempted to put him on legal hold before he received his discharge. The Air Force Court denied a petition for extraordinary relief challenging jurisdiction.

This afternoon CAAF issued an order halting Webb's court-martial, which was scheduled to start tomorrow, "pending further order of the Court regarding the writ-appeal petition." United States v. Webb, __ M.J. ___, No. 09-8020/AF (C.A.A.F. March 20, 2009).


Anonymous said...

Wow, that's pretty rare isn't it? Doesn't require some kind of herculean showing to halt a trial for a writ-appeal?

Also, thank you for maintaining this blog. It is a great resource.

Phil Cave said...

I don't see any reference to Article 83. Would evidence of an Article 83 violation "save the government?" Admittedly they'd have to prosecute the Article 83 first, then the other charges?

Kumahito said...

From one of the trial defense counsel, we're very happy CAAF decided to take this case. Hopefully they'll follow the lead of the Vanderbush court and take a look at what was actually done to extend ETS, which was nothing.