The ACCA decided United States v. Pritchard & Dial (RPI). The court granted the Government its requested relief.
We now have a writ-appeal petition in Dial v. United States & Pritchard, docketed with CAAF on July 13, 2022.
The CAAF has granted the National Association of Criminal Defense Lawyers (NACDL) amicus status and accepted their brief.
Below are two more of the filings.
I have questions: is NACDL right that ACCA had no jurisdiction under the AWA to hear the petition, and does UCMJ art. 62, give ACCA jurisdiction for the issue the Government has raised? So, perhaps CAAF will have to start with the jurisdictional questions. If we assume CAAF finds no jurisdiction and sets aside ACCA's ruling, does Dial go to trial with a unanimous "jury," or can the Government petition the Supremes? If the case gets to the Supreme's, will they take it and will we get clarity on jury unanimity?
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