CAAF issued an order today revising the granted issue in United States v. Kreutzer, No. 11-0231.  The modified issue is:

WHETHER THE MILITARY JUDGE ERRED WHEN HE DENIED APPELLANT’S MOTION SEEKING ARTICLE 13 SENTENCE CREDIT FOR THE GOVERNMENT’S 278 DAY DELAY IN TRANSFERRING HIM FROM DEATH ROW AFTER THE COURT OF CRIMINAL APPEALS SET ASIDE THE DEATH SENTENCE AND AFFIRMED ONLY THOSE NON-CAPITAL CHARGES TO WHICH APPELLANT PLEADED GUILTY.

NIMJ posted ACCA’s unpublished decision at issue here.

One Response to “CAAF revises granted issue in Kreutzer”

  1. John Baker says:

    Always interesting how two courts can apply the same set of facts and come down differently. In the Walker capital retrial, the MJ granted our motion for Art 13 adn RCM 305(k) credit for the USDB treating Walker like an adjudged prisoner when he, like Kruetzer, was kept on death row too long and then continued to be treated like an adjudged prisoner by the USDB until Walker was eventually moved to Quantico. In light of the case law and DoD regulations that showed that the USDB’s policy was legally indefensibile, the MJ awarded 5 for 1 credit plus an additional 365 days credit from the day the government decided not to appeal the NMCCA’s decision which set aside certain findings and the sentence until Walker was transfered to Quantico, given an IRO hearing, and issued a PTC blue jumpsuit and treated like a detainee. The MJ specifically found that USDB’s decision to keep Walker on death row and then continue to treat him as an adjudged prisoner and move him to the the special housing unit violated Art 13 (warranting day for day credit on top of Allen credit) and was an abuse of discretion (warranting an additional 3 for 1 credit). The MJ also awarded RCM 305 (k) credit (an additional day for day credit) for failing to comply with RCM 305 and not holding an IRO hearing until he arrived at Quantico and found this failure to be an abuse of discretion (warranting an additional 365 days credit). In a situation with a mandatory minimum life sentence, whether that sentence credit provided Walker meaningful relief is an altogether different question that will likely be raised on appeal. I understand that Murphy waived Art 13 relief for similarily staying on death row too long and then being treated like an adjudged prisoner as part of his PTA.