No. 23-0004/AF. U.S. v. Humphrey Daniels III. CCA 39407. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION IN ALLOWING THE VICTIM TO DELIVER HER UNSWORN VICTIM STATEMENT IN A QUESTION-AND-ANSWER FORMAT.
No briefs will be filed under Rule 25.
No. 23-0006/AR. U.S. v. Gene N. Williams. CCA 20130582. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
WHETHER THE ARMY COURT ABUSED ITS DISCRETION IN REASSESSING APPELLANT'S SENTENCE.
Briefs will be filed under Rule 25.
Tuesday, February 28, 2023
Miscellaneous Docket - Summary Disposition
No. 23-0073/AF. A.L., Appellant v. United States, Appellee, & Theodore J. Slusher, Captain, United States Air Force, Real Party in Interest CCA 2022-12.
On consideration of the writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of mandamus, it is ordered that the petition is hereby denied in part and granted in part; that Appellant's request for the trial counsel to destroy the medical records that he obtained from her military treatment facility is denied; and that Appellant's request for the military judge to conduct an in camera review of all her medical and Family Advocacy Program records in order to determine their relevancy and to adjudicate any claims of privilege is granted.
In issuing this order, the Court expresses no opinion on the legality of the means by which the Government obtained Petitioner's records.
EV No Longer
It appears that CAAF recognizes the 2016 amendment to 6b clarifies the Court has jurisdiction over victim writ-appeals; therefore, EV v United States is no longer. This is an interesting interplay with Fink, which was just granted. Also wonder what “expressing no opinion” means?
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