On Wednesday CAAF granted review of an issue involving member disclosures in an Army case:

No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S POST-TRIAL MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT’S RIGHT TO HAVE HIS CASE DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE.

Briefs will be filed under Rule 25.

The Army CCA’s opinion is available here but does not mention the issue granted by CAAF.

One Response to “CAAF to review member disclosures”

  1. Philip Cave says:

    Appellant raises seven assignments of error, two of which merit discussion and relief (emphasis added).

     
    What’s interesting here is that the ACCA decided not to address the issue, and GAD submitted a standard 10-day letter, and the granted on the issue.
     
    Had this petition arisen in the Supreme’s, I would have expected the court might ask for a brief from the SG before deciding to grant or deny?  Should CAAF adopt a similar practice?