National Institute of Military Justice
  • Home
  • About
    • Officers
    • Board of Directors
    • Fellows
    • Staff
  • CAAFlog
  • Global Reform
  • Library
    • Amicus Briefs
    • Position Papers & Letters
    • Reports
    • Gazette
    • Miscellaneous
    • General Military Law
  • Links
    • State Codes
    • Non-DoD Organizations
    • Foreign Systems
  • Prizes
  • Contact Us
  • Home
  • About
    • Officers
    • Board of Directors
    • Fellows
    • Staff
  • CAAFlog
  • Global Reform
  • Library
    • Amicus Briefs
    • Position Papers & Letters
    • Reports
    • Gazette
    • Miscellaneous
    • General Military Law
  • Links
    • State Codes
    • Non-DoD Organizations
    • Foreign Systems
  • Prizes
  • Contact Us

CAAFlog

Dial in for update (as of July 20, 2022)

7/20/2022

 
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?

Comments are closed.
    Disclaimer: Posts are the authors' personal views and do not reflect the position of any organization or government agency.
    Picture
    Co-editors:
    Phil Cave
    Brenner Fissell
    Links
    ​

    UCMJ
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global Reform
    Army Lawyer
    JAG Reporter

    CAAFlog 1.0
    CAAFlog 2.0

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022

    Categories

    All
    ByTheNumbers
    Case2Watch
    CrimLaw
    Evidence
    Fed. Cts.
    Habeas Cases
    IHL/LOAC
    Legislation
    MilJust Transparency
    NewsOWeird
    Opinions ACCA
    Opinions-ACCA
    Opinions AFCCA
    Opinions CAAF
    Opinions CGCCA
    Opinions NMCCA
    Sentenciing
    Sex Off. Reg.
    Sexual Assault
    Supreme Court
    Unanimous Verdicts

    RSS Feed

Proudly powered by Weebly