Today, for the second day in a row, the Judge Advocate General of the Air Force has recertified a case to CAAF. The recertified issue in United States v. Humphries, No. 10-5004/AF, is:
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING APPELLEE’S SENTENCE INAPPROPRIATELY SEVERE UNDER HTE UNIQUE CIRCUMSTANCES OF THIS CASE AND ERRED IN AN ATTEMPT AT EXERCISING APPELLATE CLEMENCY BY REMANDING THE CASE TO THE CONVENING AUTHORITY WITH INSTRUCTIONS THAT THE CONVENING AUTHORITY MAY APPRVE AN ADJUDGED SENTENCE NO GREATER THAN A SUSPENDED BAD CONDUCT DISCHARGE AND A REDUCTION TO THE GRADE OF E-1.
AFCCA’s latest opinion in the case is available here.
Also today, Code 46 filed notice with CAAF that the Judge Advocate General of the Navy chose not to certify the case of United States v. Lee to CAAF. Code 46 had previously sought and received an extension of time for the Judge Advocate General to decide whether to certify the case. NMCCA’s published decision in the case is available here.