Today the Judge Advocate General of the Air Force certified the case of United States v. Rose to CAAF for the third time. The certified issue is: “Whether the Air Force Court of Criminal Appeals erred in finding ineffective assistance of counsel in this case.”
The Air Force Court’s latest decision in the case is available here. The Air Force Court’s decision that led to the second certification — and the one that is really at issue in this certification — is available here. The Air Force Court’s original decision in the case is published at 67 M.J. 630 (A.F. Ct. Crim. App. 2009).
[Disclosure: I’m one of AB Rose’s appellate defense counsel.]