The Judge Advocate General of the Air Force today certified this issue to CAAF in Humphries:

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING APPELLEE’S SENTENCE INAPPROPRIATELY SEVERE UNDER THE UNIQUE CIRCUMSTANCES OF THIS CASE.

AFCCA’s latest opinion in the case is available here.  [Insert familiar disclosure here.]

5 Responses to “The Judge Advocate General of the Air Force certifies Humphries for a third time”

  1. RY says:

    I hope CAAF gives this certification a quick death.  The amount of man hours spent on this case is incredible, especially considering it was a consensual tryst.  Maybe if there was some substantial tangible prejudice I’d understand.  But in the grand scheme of things we’ve spent how many thousands of man hours fighting whether a punitive discharge is appropriate for a consensual affair, one which almost always results in administrative action or NJP unless it is accompanied by a sexual assault or something else.  There is nothing else in this case, just the garden variety affair we see so often in large part because of the demands of military service keeping soldiers, sailors, and airmen away from loved ones for extended periouds of time and not everyone is strong willed enough to resist the temptations lust brings.   Seriously, there are much better things to spend/waste our time on at the appellate level. 

  2. Bill C says:

    Touche.  This must explain why it takes AFCCA 2 years to act on a case.

  3. Babu says:

    Does Article 67 even authorize/contemplate CAAF to review a straight up determination of sentence appropriateness?  From the certified question, there does not appear to be any allegation that AFCCA used the wrong legal standard–the Government just doesn’t like that they found the BCD inappropriately severe.  If that is the case, I don’t see how this certified question can be reconciled with Article 67(c).     

  4. Bill C says:

    That was my immediate thought.  But I figured someone smarter than me would answer it for me. 

  5. Anonymous Air Force Senior Defense Counsel with the initials NM says:

    On the other hand… everytime this case gets certified to CAAF, good things have happened to the appellant.