In 10 of the 43 cases in which CAAF heard oral argument this term, the accused was represented by a retained civilian counsel. Surely far less than 23% of all supps are filed by retained civilian counsel. So that suggests that supps filed by retained civilian counsel are granted at a higher rate than supps filed by military counsel. Of course, that doesn’t mean that the grant rate is higher BECAUSE they are filed by retained civilian counsel; it’s probably true that accused in cases with an objectively “grantable” issue are more likely to hire a civilian counsel than are accused in cases without such an issue.
Also interesting is that once the case is granted, retained civilian counsel prevailed 30% of the time — almost indistinguishable from the overall rate at which the defense prevailed in argued cases at CAAF this year.