CAAF has granted an issue asking whether pretrial misconduct can form the basis for withdrawal from a PTA sentence limitation, since pretrial misconduct necessarily occurs while there is no sentence, suspended or otherwise. This seems like an interesting issue, and this case was the subject of a previous post by CAAFlog, here: http://caaflog.blogspot.com/2007/01/new-published-cgcca-case.html. You may remember it as the “Coast Guard Court rescue mission” case.
I can’t seem to pull up the lower court’s opinion here in Qatar (I’m on R&R), and I noticed that the granted issue seems at variance with CAAFlog’s description of the issue, which discusses post-trial misconduct. Is anyone familiar with this case, or at least able to pull up the opinion?
(Yeah, I posted from here just so I could write that.)