Here is a link to avid CAAF follower Mike Doyle’s post over at Suits and Sentences about the District Court opinion in the Luke case (opinion here). Our prior coverage of the Luke case at CAAF is here and USACIL issues involving former USACIL analyst Phillip Mills is here.
One minor issue with the article. The last paragraph:
In his decision issued late Thursday, Contreras said the military appeals court “carefully assessed” all the evidence presented, and he implicitly praised the “thoroughness” of the military court’s work, saying he would not “substitute (his) judgment” for that of the military courts.
The quote he is referencing is, using highly familiar language similar to APA cases, “The plaintiff is essentially asking that this Court reweigh the evidence and substitute its judgment for that of the military courts. This Court is not empowered or inclined to do so.” As Judge Contreras notes, the standard of review for military cases in District Courts is “tangled.” The opinion does its best to address the case from the varying standards of review to conclude no relief is warranted, but I don’t know if that concluding paragraph was really meant to praise the CAAF opinion. Rather it is probably aimed at repeating the standard that District courts should not re-evalaute the case when the military courts have reviewed it fully and fairly (or whatever standard actually applies). H/t PC