Over at the Sacrementorium, there’s a new post shedding more light on Colonel Murphy’s request for extraordinary relief from the Air Force Court. Judge Mathews the Greatest posted a comment noting that the Air Force Court’s opinion is now up on the court’s web site. Murphy v. Smolen, Misc. Dkt. No. 2007-03 (A.F. Ct. Crim. App. July 13, 2007).
Unfortunately, the Air Force Court, like the Navy-Marine Corps Court, issues orders in extraordinary relief cases in an extremely uninformative format. For example, counsel in the case aren’t listed. I’m still wondering whether Colonel Murphy hired a civilian counsel and, if so, who. Also, the judges who rejected the claim aren’t listed. The initiated probably know who is on Panel 1 of the Air Force Court, but I’m uninitiated. Perhaps the most informative portion of the order is the indication that Judge Jacobson didn’t participate — I don’t know who did, but at least I know of one judge who didn’t. I wonder if he was unavailable or if he recused himself — which would hardly be an unexpected event in a case involving a senior Air Force officer who spent his career as a judge advocate.