In a petition filed earlier this month in the certified Coast Guard case of United States v. Cooley, No. 15-0387/CG (CAAFlog case page) the appellee apparently seeks release from pretrial confinement:
No. 16-0008/CG. Christopher S. Cooley, Petitioner v. William G. Kelly, Rear Admiral, United States Coast Guard, in his official capacity as Commander, Personnel Service Center, and United States, Respondents. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus or writ of mandamus was filed under Rule 27(a) on this date.
I first discussed this case in this post last January, where I analyzed the CGCCA’s decision that dismissed numerous charges for violation of Cooley’s right to a speedy trial under Article 10. Cooley conditionally pleaded guilty pursuant to a pretrial agreement to one specification of attempting a lewd act with a child of more than 12 years but less than 16 years, two specifications of attempting to wrongfully commit indecent conduct, one specification of failing to obey an order, and one specification of wrongfully and knowingly possessing apparent child pornography, in violation of Articles 80, 92, and 134. He was sentenced to confinement for seven years, total forfeitures, reduction to E-1, and a bad-conduct discharge. In accordance with the pretrial agreement the convening authority suspended all confinement in excess of 50 months.
After the CGCCA dismissed the charges, the Judge Advocate General of the Coast Guard certified the case to CAAF (discussed here). CAAF then granted review of an additional issue (discussed here). But then the court rejected a motion for expedited review (discussed here), with a dissent from then-Chief Judge Baker.
The case is currently scheduled for argument on October 6, as the first oral argument of the current term.