The next meeting of the Judicial Proceedings Panel will occur on Friday, September 23, 2016, in Arlington, VA. A full announcement of the meeting is available here.

The agenda for this meeting is primarily presentations from former appellate judges in the military justice system (including former Chief Judge Baker of CAAF), and from the military appellate organizations (Government and defense), all providing “perspectives on victims’ appellate rights.”

Since the establishment of Article 6b, enacted in the wake of CAAF’s narrow decision in LRM v. Kastenberg, 72 M.J. 364 (C.A.A.F. 2013) (CAAFlog case page), we’ve had a few occasions to wonder about the scope of an alleged victim’s ability to intrude upon the automatic appellate review of a court-martial conviction. This term, for instance, CAAF determined that it lacks jurisdiction to entertain a writ-appeal under Article 6b, in EV v. United States & Martinez, 75 M.J. 331 (C.A.A.F. Jun. 21, 2016) (CAAFlog case page). CAAF also declined to intervene to prevent the disclosure of sealed materials (mental health records of alleged victims that were attached to the record of trial) to appellate defense counsel in a handful of Air Force cases (discussed here and here).

Alleged victims are not parties to a court-martial, they’re (at most) witnesses. While Article 6b(e) gives an alleged victim (or their representative) certain extra rights, and allows such a person to seek enforcement of those rights by a writ of mandamus from a court of criminal appeals, there is no clear basis to treat alleged victims differently from any other witness during appellate review of a court-martial. Perhaps, however, the JPP will find one.

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