No Man brought our attention to excessive delays at the AFCCA in this post last month.

CAAF’s daily journal for Thursday, October 11, has this development:

No. 13-8006/AF.  Patrick CARTER, Petitioner v. The United States, United States Air Force Court of Criminal Appeals and Commander, United States Naval Consolidated Brig, Miramar, California, Respondents.  On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus or, in the alternative, writ of mandamus, it is ordered that on or before October 22, 2012, Respondents show cause why the requested relief should not be granted on the following issue:

Whether petitioner is entitled to extraordinary relief where his case has been pending before the Air Force Court of Criminal Appeals for more than 24 months and the Air Force Court has denied multiple motions for expedited decision.

I wonder if the Respondents will seek an extension of time…

3 Responses to “CAAF orders the AFCCA to show cause”

  1. Dew_Process says:

    You know, if you think about the Show Cause Order, it is actually a pretty pathetic situation.  The AF TJAG should seriously consider “confessing error” and submitting a detailed remedial plan, e.g., re-calling from retired status former judges, detailing underemployed Trial judges, activating the Reserve judges and detailing them to the CCA, etc., until the backlog is eliminated.  How does this look to the “outside world?”  Two things immediately come to mind: first, military justice after conviction is not a high priority; and second, if you can’t even manage a docket that you control, just what can you manage?

    I remember my days in the Base Legal Office where thunder and lightning would rain down from TJAG if your case “processing metrics” went over limits.  While a per se rule is almost always stupid, some of the SpCM guilty plea cases cannot be all that difficult to resolve in a timely fashion.

    Just some random musings . . . .

  2. Bill C says:

    Well they should, but they won’t.  They will file a 50 page response, spending countless hours in the process, blaming everything and everybody.  What they won’t do is take any remedial action to fix the problem.

  3. Just Sayin' says:

    If the chair force is anything like the navy they will also make sure to fix what by all objective markers appear to be a system-wide failure by choosing not to make an honest effort at fixing the failures, but instead of scapegoating a single office, and a small number of officers as an offering to the gods of CYA.