I am told by my friends at the Air Force and Navy Appellate Defense Divisions that February 7, 2007 was an interesting day at the Court. The Court ordered the government to show cause in Greska v. United States. The writ, originally captioned Greska v. Air Force Court of Criminal Appeals, seeks a writ of mandamus to the Air Force Court to prevent it from compelling counsel to disclose whether individual clients personally opposed enlargements. The writ also seeks mandamus to prevent the lower court from taking the case without counsel, after the court has denied a first or second enlargement. Following the Moreno decision last summer, the CCA’s appear to have conspired to each change their rules to require disclosure of client communications and decline to accept attorney workloads as justification for enlargements of time. Their solution, and I am not joking, is to just take cases without counsel if counsel are working on other cases. Each of the Courts have now taken cases without briefs from the defense, saying that Moreno, apparently in footnote 10045, authorizes them to do so. The C.A.A.F. has invited all appellate and government divisions to file briefs as amicus curiae. I believe these amicus briefs, while not written by law students, may be granted.
The Court also granted review of an issue in United States v. Hollings, another issue centered around the liberal grant mandate. The 2007 term may not be remembered for the clipper’s cow, but it will be remembered as the year of the liberal grant mandate.
All of this will be yours to digest for yourself when the C.A.A.F. updates the weekly journal.