Today’s update to CAAF’s daily journal reveals that yesterday, the court didn’t just summarily reject the certification of the Judge Advocate General of the Air Force in Seton (discussed here), it also summarily rejected the certified issue in McIntyre:

No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. On consideration of the issue certified by the Judge Advocate General of the Air Force, 73 M.J. __ (C.A.A.F. Daily Journal Mar. 18, 2014), Appellee’s motion to supplement the record, and Appellant’s motion to supplement the record, we conclude that the military judge did not abuse his discretion in granting the motion to suppress Appellee’s oral and written statements for lack of corroboration. Accordingly, it is ordered that the motions to supplement the record are granted; the certified issue is answered in the negative; and the decision of the United States Air Force Court of Criminal Appeals is affirmed.*

* Chief Judge Baker would have held oral argument before deciding this case

Phil discussed the AFCCA’s decision that affirmed the military judge’s ruling in this post, and I noted the certification in this post.

2 Responses to “CAAF summarily rules against the Air Force in McIntyre”

  1. Anonymous Air Force Senior Defense Counsel with initials NM says:

    There may be a lesson learned here.  Generally speaking, if you are selective about your certs, the CAAF will hear the issue in oral argument.  If you are not selective with your cert, then CAAF might be selective for you.  Perhaps it is in the govt’s best interest to exercise discretion simply because that discretion gives a measure of control over what CAAF will agree to hear.  Otherwise, CAAF appears willing to sua sponte not hear cases.
    Then again, I’m not sure if this is typical for a cert’d issue.  It seems like it’s not…

  2. RY says:

    Agree NM…while the number of certs is at an all-time high (I believe), it also appears the number of summary dispositions of certs is also pretty high.  When you bypass CAAF’s discretion selectively, it appears they are more inclined to hold it in high regards and hear the issue out.  As the certs are increasing, their deference is shrinking, afterall Gov’t appeals are generally disfavored.  I think it’s a great result.