We’ve heard an unconfirmed rumor that CAAF today remanded to AFCCA at least one AFCCA case due to the government’s concession that one of the judges, Judge Soybel, was not properly appointed to the court. Anyone else gotten one of these orders? Back in September there were apparently similar grants. See discussion here.

7 Responses to “CAAF Remanding Air Force Cases for Appointments Issue?”

  1. Phil Cave says:

    The Guittierrez Order issued today does not state it is based on a “concession”See attached.

  2. Phil Cave says:


  3. Zachary D Spilman says:

    This is old news. Last discussed in this November 23 post, where I wrote:

    And finally, CAAF summarily reversed three more Air Force cases because the CCA panel that decided them was improperly constituted. By my count that brings the total to 13 cases summarily reversed because of the improper appointment of a civilian judge to assist the beleaguered Air Force court (our coverage of the AFCCA’s backlog is summarized in the second paragraph of my argument preview in United States v. Merritt, No. 13-0283/AF (CAAFlog case page)).

  4. Phil Cave says:

    Not quite.My understanding is that there was the first tranche of Soybel cases.  Those were remanded summarily.Subsequently the AF tried to cure it by having the SecDef “appoint” Mr. Soybel.That’s lead to a new tranche of cases – have one of them myself.  They didn’t concede, they asked CAAF to dismiss without prejudice so they could consider a motion to vacate that had been timely filed.Point partly is that we now have another pending backlog of Appellant’s.

  5. Zachary D Spilman says:

    I just realized that my count of 13 cases is just this term.

    Gutierrez is noteworthy because it’s a merits case, is fully briefed, and was set for oral argument 12 days from now (on Monday, December 16, 2013). Gutierrez was decided by the CCA back on March 21, 2013. However the opinion is not posted on the CCA’s website (I’ve sent the clerk an email but haven’t received a response yet).

    Also, CAAF’s daily journal is updated through yesterday. Yesterday the court remanded Olson to the AFCCA on this issue. Olson was decided by the CCA on September 11, 2013 (link to unpub. op.).

    So that brings the total this term to 15.

  6. Mike "No Man" Navarre says:

    Thanks guys, I billed 63 hours that week. Sorry if I missed a post or two . . . .

  7. phil cave says:

    37AF AG has asked AFCCA to combine all of them in one decision based on Janssen.