Air Force Court of Criminal Appeals

In re AL is a discovery case based on a complaining witness's Writ Petition.

​The defense discovery request asked for

“[a]ny relevant personnel, medical, and mental health records of any complaining witness . . . to include records in the possession of the Family Advocacy Program (FAP) . . . .”

Trial Counsel got 

"575 pages of medical records, including 42 pages of FAP records."

Trial Counsel thought some information was relevant.

After litigation, and over the SVC's objection the military judge ordered production to the defense without redaction or reviewing in camera. Essentially,

• The TC had it so the defense should because there would otherwise be inequality of access under UCMJ art. 46, the TC would have an advantage over DC; and while not stated or argued there would be a Brady obligation.

On petition. The AFCCA seems to agree with the MJ except, the case was remanded because 

"As noted above, the military judge’s order did not address Mil. R. Evid. 513 at all. Therefore, we cannot be certain how the military judge analyzed the application of the rule." 
. . . 
[W]e conclude Petitioner has clearly and indisputably demonstrated she is entitled to relief with respect to Mil. R. Evid. 513 and the FAP records. Moreover, we find there is no other adequate means to secure relief, as Congress has specifically authorized Petitioner to seek mandamus relief from this court for a military judge’s ruling affecting protections afforded her by Mil. R. Evid. 513. Furthermore, we find the issuance of such a writ is appropriate under the circumstances.
. . . 
​Accordingly, it is by the court ORDERED: Petitioner’s petition for extraordinary relief in the nature of a writ of mandamus is GRANTED IN PART and DENIED IN PART. The military judge’s 11 October 2022 ruling granting the defense motion to compel discovery is SET ASIDE IN PART, specifically with respect to the FAP records in the Government’s possession. The defense motion to compel discovery remains pending before the military judge with regard to the FAP records in the Government’s possession.