CAAF issued a show cause order yesterday in the Army case of Brasington v. United States, No. 10-8008/AR.  Can anyone tell us what the issue in the case is?

9 Responses to “CAAF show cause order”

  1. Anonymous says:

    Brasington was convicted by a GCM of carnal knowledge, indecent acts, and obstruction of justice; he was sentenced to a BCD and confinement for 42 mos. The Army CCA approved the findings and sentence, and his petition for grant of review is currently pending at CAAF. After the CCA issued its opinion, Brasington received an honorable discharge. Citing the case of US v. McPherson, 68 M.J. 526, 531 (A. Ct. Crim. App. 2009), Brasington now claims this administrative discharge remitted his BCD. He requests that CAAF issue a writ of prohibition preventing the Army from revoking his honorable discharge.

  2. Gene Fidell says:

    Sorry, CAAFlog, but judging by the above, the thumbs-up/thumbs-down option makes no sense. Whatever could have impelled the anonymous source of the thumbs-down noted on Anonymous’s perfectly reasonable post to give the dreaded thumbs-down? By the way, why is the post itself anonymous? It all seems to be public record information and is written right down the middle. What gives here? Is the poster counsel in the case? If so, why not tell us your name?

  3. Anonymous says:

    Honestly, what difference does it make if the poster is anonymous? I thank him or her for the information. The larger issue seems to be a huge problem with Human Resources Command. It seems almost epidemic that service members are being discharged prematurely.

  4. Anonymous says:

    I’ll agree and disagree.

    I have no clue why anyone would down-rate a responsive, purely factual post. Heck, it doesn’t even express an opinion on the case, just lays out the facts. The whole thumbs up/thumbs down is utterly useless.

    Having said that, even if they are the counsel of record, I see no need to post as such. Nothing wrong with being anonymous.

  5. Gene Fidell says:

    Score at the end of one inning: 4 posts (one of which is a reply), of which 3 are anonymous; plus (at this writing) 28 thumbs-up or thumbs-down, all of which are anonymous. Of all the participants (I’m assuming no one has either posted or thumbed more than once), only CAAFlog and I are identified. Based on this, I have a Modest Proposal: make the whole blog anonymous–drop the named contributors–let them post anonymously like everyone else (something they can do already, if they wish to, when commenting on others’ initial posts). That would be the perfect outcome, like a digital era masked ball.

  6. Snuffy says:

    It seems pretty clear to me. Some folks posting here (like me for example) are active duty counsel. To avoid complications (trust me- there can be many) it just makes sense to post anon. Dont be so persnickity Mr. Fidell.

  7. Gene Fidell says:

    Snuffy, the preferred spelling is “persnickety,” and I shall wear it as a badge of honor.

  8. Omar says:

    Mr. Gene:
    Perhaps day off is needed for you. If “anonymous” name is upsetting to you, you can give them any name you wish. And you will feel better. I am Omar and I give all anonymous a name – sometimes animal name. Please have a relaxed day today and tomorrow you can write to us about first innings (baseball?), and thumbs, and masked balls. Thank you Gene.

  9. Snuffy says:

    You know that we love ya Gene. Never forget that we all do read even your most persnickety comments looking for the pearls- of which there are many.