Today CAAF decided United States v. Wicks, No. 13-6004/AF (CAAFlog case page) (link to slip op.). Wicks is an interlocutory appeal of a military judge’s ruling that suppressed the fruits of a search of Appellant’s cell phone. The Air Force CCA granted the Government appeal and reversed the judge’s ruling. CAAF now reverses the CCA and reinstates the judge’s ruling on the basis that “the military judge did not err in concluding that the Government’s search of Appellant’s cell phone violated Appellant’s reasonable expectation of privacy.” Slip op. at 3.

I’m reviewing the opinion now and will post my analysis tonight or tomorrow morning.

CAAF also granted review in an interesting looking Coast Guard case:

No. 14-0265/CG.  U.S. v. Jaason LEAHR.  CCA 1365.  Review granted on the following issues:

I. Whether the military judge erred in denying the defense motion to dismiss for violation of appellant’s right to speedy trial under RCM 707.
II. Whether the government’s withdrawal of charges and re-referral to another court-martial was in violation of RCM 604(b) because they were previously withdrawn for an improper reason.
III. Whether appellant was denied a fair trial when the military judge twice suggested in front of the members that appellant was guilty, first by “thanking” a witness for his efforts to protect the victim, and then by asking defense counsel before findings whether a witness would be subject to recall as a “sentencing witness.”

The CGCCA’s opinion is available here.

One Response to “An opinion and a grant”

  1. Charlie Gittins says: