The Marine Corps Times reports here that Marine Sergeant Lawrence Hutchins has been released from the brig, apparently after an IRO hearing.  (h/t Phil Cave’s Court-Martial Trial Practice blog)

After the Navy-Marine Corps Court sitting en banc reversed his findings and sentence due to one of Hutchins’ military defense counsel’s improper departure from the dcefense team, 68 M.J. 623, the Judge Advocate General of the Navy certified the case to CAAF for further review.

CCA opinions, CAAF has held, are inchoate and need not be given effect for 30 days as the government decides whether to seek reconsideration and the Judge Advocate General decides whether to certify the case to CAAF.  But CAAF has also held that when a CCA rules to free the accused, that decision will be given effect in 30 days even if the Judge Advocate General does certify the case.  So in the case of a confined servicemember who would be freed as the result of the CCA’s opinion, the government must either release him or treat him as a pretrial detainee, thus providing the right to an IRO hearing.  See generally United States v. Miller, 47 M.J. 352 (C.A.A.F. 1997).

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