In June, CAAF issued a show cause order and stayed proceedings in the appeal of the capital court-martial of United States v. Akbar, which is pending before ACCA.  Akbar v. Army Court of Criminal Appeals, __ M.J. __, Nos. 09-8026/AR, 09-8025/AR (C.A.A.F. June 23, 2009).  The petition for extraordinary relief concerned whether the United States and ACCA erred by denying litigation resources to Akbar’s appellate defense counsel.  On Wednesday, CAAF denied the petition for extraordinary relief without prejudice to raising the issue in the normal course of appellate review.  Akbar v. United States, __ M.J. __, Misc. Nos. 09-8025/AR and 09-8026/AR (C.A.A.F. Sept. 2, 2009).  But it doesn’t appear that CAAF lifted the stay on proceedings before ACCA.  Can anyone shed light on whether the stay remains in place?

3 Responses to “CAAF denies petition for extraordinary relief in Akbar”

  1. Nikki Hall says:

    This result is not surprising. It seems like CAAF always punts on these issues. It would seem to make much more sense to actually grant relief if it would mean that justice would be served (especially in an approved death penalty case). I am remiss because I don’t know exactly what the “resources” have been denied appellate counsel in this instance, but it is a shame that CAAF is so reluctant to exercise oversight on the administration of the appellate process. Talk about delays…

    I would venture to say that once CAAF “acted” (by not acting) on the petition, the stay became moot.

  2. Anonymous says:

    appellate defense counsel were asking for a mental health expert and additional time and funding for a mitigation expert.

  3. Nikki Hall says:

    Then it is really a shame that CAAF didn’t act. But, then again, this is why death penalty cases cost the taxpayer so much money. This case will go through the “normal course of appeal”, most likely get busted, and be sent back to the service court for a “do over”. End result will be loads of wasted time and money. Why not do it right the first time?