Here are the Government’s petition for reconsideration, Appellant’s answer, and a motion by Appellant asking CAAF to issue its mandate forthwith.

The Government’s petition concludes:

In summary, the Supreme Court has consistently held that Edwards and its progeny are intended to apply a clear, bright-line prophylactic rule “to prevent police from badgering a defendant into waiving his previously asserted Miranda rights.” Minnick, 498 U.S. at 150. In this case, not only was Edwards not violated, but there is no evidence of badgering, coercion, or any other improper influence upon Appellant by the police or other Government representatives. On the contrary, Appellant clearly demonstrated a desire to “tell his side of the story,” and persisted in this desire after sleeping on his decision overnight. (J.A. 128.) This reinitation was voluntary, and his subsequent waiver of his right to counsel was knowing and intelligent. This Court should therefore reconsider its application of Edwards, assess the facts and circumstances surrounding Appellant’s subsequent waiver, and affirm the decision of the Court below.

Appellant’s response is, in a word, blunt:

The Government’s Petition for Reconsideration, in direct contradiction to Buber and Rule 32, simply restates arguments already presented and rejected by this Court. Indeed, Petitioner fails to even make a prima facie claim that it is offering new argument, and never specifically alleges that this Court “misapprehended” or “overlooked” facts or law. C.A.A.F. R. 32. This Court should therefore summarily dismiss the petition for non-compliance with Rules 31 and 32.

2 Responses to “Hutchins Reconsideration Petition and Response”

  1. Cap'n Crunch says:

    CAAF decided Wilson today.  3-2 decision, that there was no speedy trial violation.  Lots of discussion between Barker, Article 10, and the RCM.  I think the dissents have the better argument.

  2. Weirick says:

    Shock.  It was denied.