CAAF’s daily journal for yesterday includes the following entry:
No. 15-0178/MC. U.S. v. Marco A. Hernandez. CCA 201300313. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY NOT STAYING OR DISMISSING THE PROCEEDINGS IN LIGHT OF THE IMPROPER PANEL SELECTION BY THE CONVENING AUTHORITY.
No briefs will be filed under Rule 25.*
* Judge Ryan has recused herself in this case.
The NMCCA’s opinion in the case is available here. The CCA rejected the appellant assertion that the convening authority improperly excluded members on the basis of rank. CAAF is considering a similar issue (though one based on different facts) in United States v. Ward, No. 15-0059/NA (CAAFlog case page).
I have no information about why Judge Ryan recused herself from this case.