A quick resolution of the sentence rehearing issue

Friday, April 3, 2015

Certificates for Review Filed

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382.  Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue:

WHETHER PRECEDENT AUTHORIZING COURTS OF CRIMINAL APPEALS TO ORDER SENTENCE-ONLY REHEARINGS SHOULD BE OVERRULED BASED ON: (A) JACKSON v. TAYLOR, 353 U.S. 569 (1957), WHICH STATED “NO [SUCH] AUTHORITY” EXISTS; (B) THE PLAIN LANGUAGE OF THE STATUTE INCLUDING THE CONJUNCTIVE “FINDINGS AND SENTENCE” IN ARTICLE 66(d) IN CONTRAST TO AUTHORITY GRANTED THE JUDGE ADVOCATES GENERAL IN ARTICLE 69(a) TO ACT WITH RESPECT TO THE “FINDINGS OR SENTENCE OR BOTH” AND THE CONVENING AUTHORITY IN ARTICLE 60 (f)(3) TO ORDER SENTENCE REHEARINGS; AND (C) JUDICIAL ECONOMY.

Friday, September 25, 2015

Appeals – Summary Dispositions

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382.  On consideration of the certified issue, __ M.J. __, (Daily Journal Apr. 3, 2015), the briefs of the parties, and in view of United States v. Quick, 74 M.J. 332 (C.A.A.F. 2015), the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.