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

U. S. Court of Appeals for the Armed Forces

4/7/2023

0 Comments

 
​DAILY JOURNAL
Monday, April 3, 2023
 
Interlocutory Order
 
No. 23-0104/AF. M.W., Appellant v. United States, Appellee and Marshall R. Robinson, Staff Sergeant, United States Air Force, Real Party In Interest. CCA 2022-15. On consideration of Appellant's filing, which is styled as a "writ-appeal petition or petition for extraordinary relief" for review of the decision of the United States Air Force Court of Criminal Appeals, Appellant's motion to attach, and a motion to file a brief of amici curiae in support of Appellant/Petitioner, it is ordered that the motion to attach is denied, and the motion to file a brief of amici curiae is granted.
 
Within 10 days of the date of this order, Appellant shall file a brief addressing the following four issues concerning this Court's jurisdiction to review a writ-appeal that is filed by a "victim of an offense" (as that term is used in Article 6b, UCMJ, 10 U.S.C. § 806b) and that seeks review of a decision of a Court of Criminal Appeals on a writ of mandamus:
 
(a) whether Article 67, UCMJ, 10 U.S.C. § 867grants this Court jurisdiction to review such a writ-appeal;
 
(b) whether Article 6b(e)(3), UCMJ, grants this Court jurisdiction to review such a writ-appeal (as opposed to only requiring that this Court give priority to writ-appeals for which Article 67, UCMJ, or some other statute provides this Court jurisdiction);
 
(c) whether any other statute provides this Court jurisdiction to review such a writ-appeal; and
 
(d) whether subsequent amendments to the UCMJ require this Court to reconsider its holding in E.V. v. United States, 75 M.J. 331 (C.A.A.F. 2016), that this Court does not have jurisdiction to review such a writ-appeal.
 
The Appellee and Real Party In Interest each may file an answer no later than 5 days after the filing of Appellant's brief.
 
The Court reserves judgment on whether it will grant, deny, or dismiss Appellant's filing.

​AFCCA decision here.

0 Comments



Leave a Reply.

    Disclaimer: Posts are the authors' personal opinions 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
    ​
    Army Crim. L. Deskbook

    CAAFlog 1.0
    CAAFlog 2.0

    Archives

    May 2023
    April 2023
    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