In the Air Force case of United States v. Dalmazzi, No. 16-0651/AF (grant discussed here), CAAF is considering whether a judge of the United States Court of Military Commission Review (appointed by the President and confirmed by the Senate) may also serve as an appellate military judge on a court of criminal appeals. CAAF has already granted review of six trailer cases.
Yesterday it granted an interesting seventh:
No. 16-0677/AR. U.S. v. Jovanni Pimentel. CCA 20150361. Appellant’s petition for reconsideration of this Court’s Order issued September 15, 2016, is hereby granted. The Order denying the petition for grant of review issued September 15, 2016, is hereby vacated, and the petition for grant of review is hereby granted on the following issues:
I. WHETHER ACCEPTANCE OF APPOINTMENT AS A CMCR JUDGE TERMINATED THE MILITARY COMMISSIONS OF JUDGE HERRING AND JUDGE BURTON.
II. WHETHER, AS APPOINTED JUDGES OF THE CMCR, JUDGE HERRING AND JUDGE BURTON DO NOT MEET THE UCMJ DEFINITION OF APPELLATE MILITARY JUDGE.
III. WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE JUDICIAL TRIBUNAL ITSELF VIOLATES THE APPOINTMENTS CLAUSE.
No briefs will be filed under Rule 25.