This year retained counsel represented parties before CAAF in seven opinion-generating cases: Spicer (retained counsel on brief only, military counsel argued this case), Cote, CCR, Gaskins, Squire, Garner, and Vazquez.
The Government lost in three out of these seven (Spicer, Cote, and Gaskins), for a 43% defense success rate in cases with retained counsel.
But that includes the writ-appeal in CCR, where CAAF found no jurisdiction. Excluding that unusual case, cases with retained counsel resulted in relief in a healthy three out of six cases (50%).
In comparison, military appellate defense counsel won relief in 15 out of 31 cases (48.4%).
Note: 31 cases is the 40 total cases identified in Monday’s Part I, less LRM, Hasan, and the seven cases with retained counsel identified above.
Of the 15 cases where military appellate defense counsel won relief:
Two (13.3%) were Air Force cases (Capel and Tunstall).
Five (33.3%) were Army cases (Kelly, Riley, Jasper, Bennitt, and Schell).
One (6.7%) was a Coast Guard case (Medina).
Six (40%) were Marine Corps cases (Salyer, Caldwell, Hutchins, Castellano, Solomon, and Porter).
One (6.7%) was a Navy case (Mott).
(Seven (46.7%) total Navy and Marine Corps cases).
So, the success rates for each of the four appellate defense divisions (using a total of 31 cases) were:
Air Force Appellate Defense: 33.3% (2 out of 6).
Army Appellate Defense: 45.5% (5 out of 11).
Coast Guard Appellate Defense: 50% (1 out of 2).
Navy-Marine Corps Appellate Defense: 58.3% (7 out of 12).