I have returned to the land of 24-hour Internet access.

I haven’t eyeballed the order myself, but I understand that yesterday CAAF remanded a case to AFCCA for further consideration in light of Adcock. My understanding is that CAAF granted Staff Sergeant Williams’ petition to review the following issue: “WHETHER THE AFCCA ERRED IN NOT CONSIDERING THIS COURT’S DECISION IN US V. ADCOCK, 65 M.J. 18 (CAAF 2007), THAT KNOWING VIOLATION OF SERVICE REGULATIONS DESIGNED TO PROTECT THE RIGHTS OF SERVICEMEMBERS CAN AMOUNT TO AN ABUSE OF DISCRETION WARRANTING CREDIT UNDER R.C.M. 305(k).” United States v. Williams, __ M.J. ___, No. 08-0339/AF (C.A.A.F. Aug. 7, 2008) (summary disposition). I further understand the CAAF summarily set aside the Air Force Court’s decision and remanded the case for a new appeal. Id.

AFCCA’s original decision in the case is available here. United States v. Williams, No. ACM 36679 (A.F. Ct. Crim. App. Dec. 19, 2007).

One Response to “CAAF remand in Adcock-type case”

  1. John O'Connor says:

    One crummy decision begets another. The Imperial CAAF reigns supreme.