CAAF granted review in two cases this term involving a “Gutierrez.” On was an Air Force case, while the other is from the Army. As discussed in this post and its comments, the Air Force case was summarily remanded this week in connection with the continuing litigation over the improper appointment of a judge to the AFCCA. CAAF’s daily journal now reflects the remand:
No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ. CCA 37913. On further consideration of this case, it is ordered that said petition is granted on the following additional issue:
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED APPELLANT’S CASE WAS PROPERLY CONSTITUTED.
The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review and consideration of the aforementioned issue under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c) (2012). The Hearing Notice issued on November 6, 2013, is hereby rescinded.
As the case will not go to oral argument in this trip to CAAF, I’m deleting the CAAFlog case page and removing it from the CAAF Cases dropdown list at the top of our site.