CAAF today announced a change to Rule 30A, governing providing new facts to CAAF.  The new rule will take effect on 1 August.  Its text is here.

3 Responses to “CAAF changes factfinding rule”

  1. Cloudesley Shovell says:

    I’m trying to decide if this is a big deal or not, or merely states what CAAF has been doing all along. “Good cause shown” seems to be a fairly flexible standard. I’m leaning towards no big deal.

  2. Ama Goste says:

    I’m with Cloudesley. The biggest change is that the rule spells the requirement out for the parties who think the appellate process is a great place to relitigate the court-martial or those who think CAAF has factfinding powers.

  3. Weirick says:

    The CAAF thinks it has fact-finding powers. Take U.S. v. Simon, 64 M.J. 205, wherein the CAAF accepted a document from Appellant’s mother “concerning his treatment and behavior. The documents refer to delusional thoughts, self-inflicted injuries, and management of his behavior with medication.”
    The CAAF reasoned that because the Government had not submitted documentation rebutting the information, the Court would accept the “documents as establishing the factual setting of the appellate proceedings.”
    How exactly would the Government have rebutted these documents? Affidavits from neighbors establishing that Appellant’s mother had a reputation for untruthfulness? Observations from family friends contending that Appellant was not delusional, did not inflict injuries on himself, or that he could manage his behavior with medication?
    The CAAF should be more liberal in granting DuBay hearings. Uncontested affidavits are no way to establish facts upon which the Court will decide such issues.
    Go back to DuBay, where the CMA was disillusioned with competing affidavits attempting to establish or rebut claims of UCI and established a means of remanding a case to “hear the respective contentions of the parties on the question, permit the presentation of witnesses and evidence in support thereof . . .”
    This morphing into a screed, so enough for now. This rule change is a move in the right direction.