We previously discussed AFCCA’s holding in United States v. Nerad, __ M.J. ___, No. ACM 36994 (A.F. Ct. Crim. App. May 29, 2009), that it has the authority and discretion to invalidate a finding of guilty that was legally and factually sufficient. The Air Force Government Trial and Appellate Counsel Division today filed motions with AFCCA asking the court to reconsider that opinion, asking for reconsideration en banc, and asking for oral argument.
We’re putting in a FOIA request for JAJG’s filings. We’ll post them when we get them.