CAAF will once again review a case familiar to military justice wonkdom:  United States v. Kreutzer.  CAAF today granted review of this issue:  “WHETHER THE MILITARY JUDGE ERRED WHEN HE DENIED APPELLANT’S MOTION SEEKING SENTENCE CREDIT BECAUSE OF THE GOVERNMENT’S MULTIPLE VIOLATIONS OF ARTICLE 13, UCMJ, AND THE RULES FOR COURT-MARTIAL RESULTING IN APPELLANT’S ILLEGAL PRETRIAL CONFINEMENT.”  United States v. Kreutzer, __ M.J. __, No. 11-0231/AR (C.A.A.F. March 31, 2011).

I can’t find ACCA’s opinion leading to this grant.  If anyone wants to throw it over our electronic transom, we’ll try to catch it.

7 Responses to “Kreutzer returns to CAAF”

  1. Snuffy says:

    The appellate counsel are seeking 10k days credit for multiple Art 13 violations- including mistreatment in Marine Corps brig Lejune due to unnessesary risk and dangerousness classifications. Wowzer.

  2. W says:

    10,000 days? 27+ years? Wowzer indeed. Would love to see the briefs as that must either be some pretty heinous stuff, or ridiculous.

  3. Stewie says:

    At some point, is a pattern going to form about how Lejune conducts business or are we assuming this is all bogus too?

  4. soonergrunt says:

    @Stewie,

    Are you sure you’re not referring the MCB Quantico brig (if you’re thinking of PFC Manning’s PTC, that is)?

  5. Stewie says:

    I probably did, but then again no offense to Marines, but I do wonder if they just do business differently than other services and thus claims like this arise (whether because differently means bad or differently means not bad but more strict than other services are used to).

  6. John O'Connor says:

    Judging from the ACCA decision, it appears the main complaint is that they left Kreutzer on death row at Leavenworth after ACCA bounced the premeditated murder conviction. I wonder if there’s just something about the Army that causes them these types of trouble.

  7. Stewie says:

    Actually at the time there was something about the Army, or rather, about a certain person running things there, that led to numerous issues, particularly with disciplinary and adjustment boards.

    Unfortunately, that person is no longer with us, so I would hate to speak ill of the dead but suffice to say he seemingly went out of his way to make sure the prisoners didn’t catch any breaks.