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CAAFlog

Court of Appeals for the Armed Forces

12/16/2022

1 Comment

 
No. 22-0280/AF. U.S. v. D'Andre M. Johnson. CCA 39676. 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 MILITARY OFFICIALS ACTED WITH DELIBERATE INDIFFERENCE IN SENDING APPELLANT TO LOWNDES COUNTY JAIL—A CIVILIAN CONFINEMENT CENTER WITH "A HISTORY OF INHUMANE LIVING CONDITIONS"—AND WHETHER APPELLANT SUFFERED CRUEL AND UNUSUAL PUNISHMENT THEREBY WHEN, INTER ALIA, CONFINEMENT OFFICIALS FAILED TO PROTECT HIM FROM PHYSICAL ATTACK, WITHHELD HIS MAIL, WITHHELD VISITORS, AND WOULD NOT LET HIM GO OUTSIDE WHILE HE LIVED IN UNSANITARY CONDITIONS.

Note this is an Air Force case where civilian confinement conditions are again in issue. See our earlier posts here and here.

1 Comment
Scott
12/16/2022 20:56:16

Here's a link to the AFFCA opinion:

https://afcca.law.af.mil/afcca_opinions/cp/johnson_-_39676_rem_u_812941.pdf

The CAAF journal notes that no briefs will be filed. Presumably a trailer to Pullings.

The OA from Pullings is worth a listen: https://www.armfor.uscourts.gov/calendar/202211.htm

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