It will surprise no one who has listened to the Hathorne oral argument that CAAF today dismissed the appeal on ripeness grounds in this order United States v. Hathorne, __ M.J. __, No. 12-6002/AF (C.A.A.F. Apr. 26, 2012).

As a result of that summary disposition, it now appears that CAAF will issue 33 opinions of the court this term.

[Edit:  The original post said CAAF would issue 34 opinions of the court this term. An alert reader noted that in light of the Cooper summary affirmance, the actual number will likely be 33.]

4 Responses to “CAAF dismisses Hathorne appeal on ripeness grounds [corrected]”

  1. Michael Lowrey says:

    33 opinions, not 34. Remember CAAF’s summary disposition of Cooper last month

  2. Dwight Sullivan says:

    Right you are!  Thanks for the correction.

  3. Dew_Process says:

    That’s whopping 6.6 opinion average per Judge!

  4. Cap'n Crunch says:

    I realize they did this without prejudice to leave the door open.  But this creates a problem for the defendant.  There is no mechanism, consistent with the rules, for the defendant to resubmit to CAAF under CAAF’s rules, to file for additional review once the JAG review is done.  If I were the defendant (or his counsel), I would file a motion for reconsideration, and ask CAAF to instead stay the matter until review is done instead of stay, given CAAF’s rules for timing of filing.  Timing for filing a matter before CAAF is after the CCA acts.  Nothing about review after JAG denies further review.