We recently noted that CAAF denied the last 111 petitions for extraordinary relief and writ appeals on which it ruled. Since then, CAAF has granted two motions to stay and issued show cause orders arising from two petitions for extraordinary relief. We’ve previously discussed Code 46’s petition for extraordinary relief arising from the Parker capital appeal. See United States v. Navy-Marine Corps Court of Criminal Appeals, __ M.J. ___, No. 11-8005/MC (C.A.A.F. Oct. 8, 2010). Last Wednesday, CAAF issued another stay and show cause order, this time in response to Army DAD’s petition for extraordinary relief in Gaskins v. Hoffman, No. 11-8004/AR. The petition for extraordinary relief grows out of a divided en banc ACCA decision remanding a case with a missing sentencing exhibit to see if the missing exhibit can essentially be recreated. United States v. Gaskins, 69 M.J. 569 (A. Ct. Crim. App. 2010) (en banc). The No Man discussed the case, with an emphasis on Judge Ham the Great’s dissent, here.
Army GAD’s brief in response to the show cause order is due at CAAF NLT 27 October.