After NMCCA ordered a DuBay hearing arising from the military judge’s alleged ex parte communications with a government witness from the Parker DuBay hearing, Code 46 filed a petition for extraordinary relief with CAAF, who ordered the proceedings stayed.  (See here, here, and here.)

On Wednesday, CAAF denied Code 46’s petition for extraordinary relief.  United States v. United States Navy-Marine Corps Court of Criminal Appeals, __ M.J. __, Misc. No. 11-8005/NA (C.A.A.F. Nov. 17, 2010).  CAAF lifted the stay, allowing the DuBay hearing to proceed, while observing:   “In accordance with the order of the United States Navy-Marine Corps Court of Criminal Appeals issued August 31, 2010, the record of the DuBay hearing may be returned to the Judge Advocate General for remand to an appropriate convening authority for proceedings consistent with the mandate of the Court of Criminal Appeals and mindful of this Court’s decision in United States v. Matthews, 68 M.J. 29 (C.A.A.F 2009).”

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