Things are quiet tonight, on the eve of the term’s first oral argument. I just have a bit of old business to report. Last Wednesday, CAAF granted review of an Army IAC case, summarily set aside ACCA’s opinion and remanded the case for further proceedings during which the trial defense counsel is to provide an affidavit responding to the IAC allegations. United States v. Brasington, __ M.J. ___, No. 08-0479/AR (C.A.A.F. Sept. 11, 2008). As is all-too-typical with ACCA decisions, I can find neither electronic hide nor hair of its opinion that was set aside. Here’s the issue that CAAF granted in the case:
WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY PROVIDED INCOMPETENT ADVICE REGARDING THE LACK OF THE DEFENSE OF MENTAL RESPONSIBILITY.