I’m back after spending the last two weeks in Africa (more about that later — probably this weekend).
While I don’t see it on the daily journal, my understanding is that CAAF granted review in United States v. Schuber, No. 11-6002/AF — an Article 62 appeal case — and set it for oral argument on 30 March. AFCCA’s opinion, which reversed the trial judge’s holding that there was an Article 10 violation in the case, is available here.
Today CAAF also granted review in United States v. Zarbatany, No. 11-0165/AF, and set a shortened briefing schedule to squeeze the case in for a 21 April oral argument. Here are the granted issues:
I. WHETHER THE AFCCA ERRED IN FINDING THAT ILLEGAL CONFINEMENT CREDIT, AWARDED PURSUANT TO ARTICLE 13, UCMJ, CANNOT BE APPLIED TOWARDS A PUNITIVE DISCHARGE.
II. WHETHER THE AFCCA ERRED BY FAILING TO GIVE MEANINGFUL RELIEF WHERE APPELLANT HAD 445 DAYS OF ILLEGAL PRETRIAL CONFINEMENT CREDIT IN EXCESS OF HIS APPROVED SENTENCE TO CONFINEMENT.
AFCCA’s unpublished decision in the case is available here.