In the Air Force case of United States v. Ortiz, 76 M.J. 189 (C.A.A.F. Apr. 17, 2017) (CAAFlog case page), CAAF found no error in the participation of a Presidentially-appointed and Senate-confirmed judge of the Court of Military Commission Review (CMCR), who is also an Air Force Colonel, on the CCA panel that reviewed the appellant’s case. An extension of time to file a cert. petition in Ortiz was granted until June 9, 2017 (noted here).
Ortiz was a replacement for United States v. Dalmazzi, 76 M.J. 1 (C.A.A.F. Dec. 15, 2016) (CAAFlog case page), also an Air Force case, which raised similar issues, was resolved on mootness grounds and is now the subject of a petition for certiorari (discussed here).
Over the past few days CAAF summarily affirmed 116 cases in light of its decision in Ortiz.
Of those 116 cases, two are from the Air Force and 114 are from the Army.
That’s not all of the trailers, however, as a small number of additional cases raising this issue are still out there (including a few that were argued this term but not yet decided.