On Friday, January 30, CAAF docketed a certificate for review of the NMCCA’s decision in United States v. Quick, __ M.J. __, No. 201300341 (N-M. Ct. Crim. App. Oct. 31, 2014). I analyzed the CCA’s opinion in this post.
In Quick, the NMCCA significantly limited the reach of Article 120c(a)(1) (2012), finding that the offense of indecent viewing requires that an accused actually view the real-life private area of a person. The CCA reversed the appellant’s conviction for merely viewing a recording (made surreptitiously) of another person’s private area, finding that the specification failed to state an offense. The CCA then ordered a sentence rehearing.
The Government didn’t certify the CCA’s decision regarding Article 120c(a)(1). Rather, it certified an issue challenging the authority of the CCA to order a sentence rehearing in any case:
No. 15-0347/MC. U.S., Appellant v. Christopher A. Quick, Appellee. CCA 201300341. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issue:
WHETHER PRECEDENT AUTHORIZING COURTS OF CRIMINAL APPEALS TO ORDER SENTENCE-ONLY REHEARINGS SHOULD BE OVERRULED BASED ON (A) JACKSON v. TAYLOR, 353 U.S. 569 (1957), WHICH STATED “NO [SUCH] AUTHORITY” EXISTS; (B) THE PLAIN LANGUAGE OF THE STATUTE INCLUDING THE CONJUNCTIVE “FINDINGS AND SENTENCE” IN ARTICLE 66(d) IN CONTRAST TO AUTHORITY GRANTED THE JUDGE ADVOCATES GENERAL IN ARTICLE 69(a) TO ACT WITH RESPECT TO “FINDINGS AND SENTENCE OR BOTH” AND THE CONVENING AUTHORITY IN ARTICLE 60(f)(3) TO ORDER SENTENCE REHEARINGS; AND (C) JUDICIAL ECONOMY.
Appellant will file a brief under Rule 22(b) in support of said certificate on or before March 2, 2015.