It appears that Denedo’s case is over. On 8 September 2010, the Court of Appeals for the Armed Forces, with C.J. Effron and J. Baker dissenting, denied the filing of a writ appeal petition out of time. The majority writes: In support of the motion for leave to file writ-appeal…
United States v. Roach has been returned to AFCCA for a second time. Initially the case was sent back because appellant’s case was decided before his counsel submitted a brief, and because the chief judge on his panel had made some public comments relating to the case. This time the…
CAAF has issued an opinion in United States v. Bradford, a government appeal of a pretrial ruling. The appeal was on a military judge declination to pre-admit a Lab Package in a urinalysis case. AFCCA had no trouble saying that a declination to pre-admit evidence is appealable. CAAF had no…
United States v. Story. Here the issue is two-fold: what is the response when the members want to call a witness, and what is permissible on appeal to demonstrate prejudice. ACCA found error in the military judge denying the members an opportunity to call a witness. On appeal, ACCA found…