On Friday CAAF granted review in a Coast Guard case, specifying two issues for review:
No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues specified by the Court:
I. WHETHER THE MEMBERS OF APPELLANT’S COURT-MARTIAL PANEL WERE PROPERLY SELECTED.
II. WHETHER APPELLANT WAS DEPRIVED OF A FAIR TRIAL, OR THE APPEARANCE OF A FAIR TRIAL, WHERE A MAJORITY OF THE PANEL MEMBERS WERE FORMER VICTIM ADVOCATES AND THE MILITARY JUDGE DENIED A CHALLENGE FOR CAUSE AGAINST ONE OF THEM.
Briefs will be filed under Rule 25.
We first discussed this case here, when Sam reviewed the Coast Guard CCA’s 2014 decision that found that civilian defense counsel waived the issue of improper panel selection by failing to make a timely objection. But CAAF reversed and remanded for further review (noted here). The CCA then heard oral argument (noted here) and issued a new decision (available here) affirming the findings and sentence.
At the heart of the case is the fact that the appellant was convicted of rape – arising from an encounter during a September 2010 port call in Puerto Vallarta, Mexico – by a panel composed of six women and two men. Of those, five of the women had training as a victim advocate or had assisted women who had complained of sexual assault. Nevertheless, in its most recent opinion the CCA concluded that “Appellant has failed to produce sufficient evidence to raise the issue of court stacking.” Slip op. at 9.