We previously looked at CAAF’s order from last Wednesday indicating that blown petition deadlines may lead to disciplinary proceedings against appellate defense counsel. United States v. Angell, __ M.J. ___, No. 09-0098/AR (C.A.A.F. May 20, 2009). It turns out that Wednesday’s daily journal entries included quite a bit more action on the petition timeliness front.
In seven other cases, arising in various procedural postures, CAAF kicked out-of-time petitions. (United States v. Tuberville, No. 08-0612/AF; United States v. Greenwood, No. 08-0618/AF; United States v. McCarns, No. 08-0653/AR; United States v. Thomas, No. 08-0688/AR; United States v. Mendoza, No. 09-0097/AR; United States v. Valentine, No. 09-0144/AR; United States v. Cox, No. 09-0291/AF).
But in another three cases in which the petition for grant of review was filed more than 60 days after the relevant CCA’s opinion, CAAF accepted the petition because the neither the actual service nor constructive service clock had yet expired. In United States v. Espisito, No. 08-0547/NA, CAAF concluded that service on the appellant at the brig where she was no longer confined was insufficient to constitute constructive notice. In United States v. McClory, No. 09-0072/AR, CAAF concluded that mailing ACCA’s opinion to the appellant’s permanent address wasn’t sufficient to constitute constructive service where that wasn’t the address that the appellant provided on his appellate rights form. Similarly, in United States v. Sanga, No. 09-0177/AR, CAAF found that mailing ACCA’s opinion to an address different than the one on the appellate rights form was insufficient to constitute constructive service.