M.W. v.United States affirms the conclusion in EV v. United States that CAAF lacks jurisdiction to hear a petition from an alleged victim who lost at the CCA. Here is the CCA opinion. M.W. at AFCCA consolidates several petitions where the issue was the TC and SVC coordinating over challenges to members. This case lead to an earlier discussion about whether a TC and SVC's interactions can become so intertwined that the SVC becomes a de facto trial counsel subject to all the rules of discovery (and the issue of TC having to disclose the contents of those discussions because if there is no de facto TC, then there is no attorney-client privilege between the TC and SVC.
In EV v. United States, 75 M.J. 331, 332 (C.A.A.F. 2016), this Court held that it did not have jurisdiction to review a decision of a Court of Criminal Appeals (CCA) at the request of a “victim of an offense” as that term is used in Article 6b, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 806b (2018). Although Congress has since amended Article 6b, UCMJ, and other provisions of the UCMJ, we are compelled to hold again today that this Court lacks jurisdiction to review a petition filed by a victim of an offense. Our decision rests solely on the statutory language of the UCMJ. It does not reflect any policy decision about whether this Court should have statutory jurisdiction, which is a matter solely for Congress. We further see no reason that Congress could not amend the UCMJ to grant this Court jurisdiction to review a petition filed by the victim of an offense. However, as currently written, neither the language of Article 6b, UCMJ, nor any other statute, grants this Court the necessary jurisdictional authority to review a petition filed by a victim of an offense. We therefore dismiss the petition in this case.
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Amendments to UCMJ Since 1950 (2024 ed.)
Amendments to RCM Since 1984 (2024 ed.)
Amendments to MRE Since 1984 (2024 ed.)
Army Crim. L. Deskbook
J. App. Prac. & Pro.