Monday, April 3, 2023
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.
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