Wednesday, May 27, 2009

Fairley and Crotchett Writs

Anyone have any idea what the withdraw of the extraordinary writs in In re Fairley and In re Crotchett was all about? Has anyone seen the Fairley decision by NMCCA?

As we previously reported, both cases arise from rulings by military judges finding Art. 120 unconstitutional, including Code 46 alum LtCol Ray Beal. United States v. Fairley, which also features language addressing Apprendi v. New Jersey, was apparently reversed based on Crockett in a one line opinion [h\t to CS], see reports here, here and here. United States v. Crotchett was decided May 12, see reports here, here, and here.


Cloudesley Shovell said...

Fairley was decided 13 May 2009 via a one paragraph order citing Crotchett.

Anonymous said...

Any word on whether Code 45 will petition CAAF on these cases?