We recently saw that of the 19 cases it lost at CAAF last term, the government sought reconsideration in 4 of them. Make that 5. Today’s daily journal update included a denial of Army GAD’s reconsideration request in United States v. Lewis, 65 M.J. 85 (C.A.A.F. 2007). United States v. Lewis, __ M.J. ___, No. 07-5002/AR (C.A.A.F. Aug. 1, 2007).
So the government sought reconsideration in more than a quarter of the cases it lost last term. And Army GAD sought reconsideration in half of the cases it lost. (Reconsideration sought in McAllister, Gardinier & Lewis; no reconsideration sought in Wise, Albaaj & Resch.)
The various appellate government divisions’ reconsideration practice has been both frequent and fruitless. CAAF denied all five of the government’s reconsideration petitions.