CAAF yesterday granted review of this issue:  “WHETHER THE CHIEF JUDGE OF THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY REFERRING THIS CASE OVER WHICH SHE PRESIDED AS THE TRIAL JUDGE TO A SPECIAL PANEL OF THAT COURT AND NAMING THE MEMBERS OF THAT SPECIAL PANEL.”  United States v. Thornton, __ M.J. __, No. 10-0179/AF (C.A.A.F. March 8, 2010).

CAAF ordered that no briefs will be filed.  My guess is that means that Thornton‘s outcome will be affected by the pending case of United States v. Roach, No. 07-0870/AF.

[Disclosure:  I’m an appellate defense counsel in both Thornton and Roach.]

3 Responses to “CAAF grant”

  1. Ummm says:

    What is the proposed alternative here? Have the clerk randomly assign the panel?

  2. Dwight Sullivan says:

    CAAF set out the procedure for dealing with situations where a CCA Chief Judge is disqualified in Walker v. United States, 60 M.J. 354 (C.A.A.F. 2004). The Judge Advocate General designates a CCA Chief Judge for purposes of the particular case and that designated Chief Judge appoints the members of the panel.

    [Insert familiar disclosure here.]

  3. Ama Goste says:

    The required process seems pretty clear to me after Walker. Why is this still getting screwed up?