CAAF’s website is back online and the daily journal shows two interesting entries.
First, the Air Force JAG certified another case (this is #5 in the term):
No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, and a supporting brief were filed under Rule 22 this date on the following issue:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY SUPPRESSING APPELLEE’S WRITTEN AND ORAL STATEMENTS THAT PERTAINED TO HIS VIEWING AND POSSESSING CHILD PORNOGRAPHY ON THE BASIS OF LACK OF CORROBORATION.
Appellee will file an answer under Rule 22(b)(1) on or before March 28, 2014.
Second, CAAF denied a Government petition for reconsideration in the Air Force case of United States v. Wicks, 73 M.J. 93 (C.A.A.F. 2014) (CAAFlog case page). Wicks involved an interlocutory appeal of a military judge’s pretrial ruling that suppressed the results of a search of a mobile telephone. The search revealed evidence that the accused engaged in improper relationships with trainees while serving as a military training instructor at Joint Base San Antonio-Lackland, Texas. The Government appealed the ruling and the Air Force CCA reversed the trial judge. But CAAF reversed the Air Force CCA and reinstated the military judge’s ruling suppressing the results of the search.
Additionally, CAAF issued decisions in United States v. Danylo, No. 13-0570/AF (CAAFlog case page), and United States v. Kearns, No. 13-0565/AR (CAAFlog case page). The court decides both cases in favor of the Government. I will post analysis of these opinions tomorrow.