We previously discussed NMCCA’s ruling reversing a military judge’s quashing of a subpoena issued to CBS News in United States v. Wuterich, a prosecution arising from the Haditha incident. United States v. Wuterich, __ M.J. ___, No. NMCCA 200800183 (N-M. Ct. Crim. App. June 20, 2008). On Monday, SSgt Wuterich’s counsel filed a petition at CAAF. United States v. Wuterich, __ M.J. ___, No. 08-0681/MC (C.A.A.F. June 30, 2008). This has the effect of cutting off NMCCA’s ability to sua sponte reconsider Wuterich either in panel or en banc.
On Tuesday, CAAF redocketed Wuterich, noting that it is a petition seeking review of an Article 62 appeal. CAAF renumbered the case 08-6006/MC and, under Rule 21(b), ordered that the supplement be filed no later than 21 July 2008 and the government’s answer be filed no more than 10 days after the supp is filed. United States v. Wuterich, __ M.J. ___, No. 08-6006/MC (C.A.A.F. July 1, 2008).