Two weeks ago, in this post, I discussed the Army CCA’s rejection of a petition for writs of mandamus and habeas corpus in Adams v. Cook, Military Judge, No. 20170581 (A. Ct. Crim. App. Jan. 23, 2018), writ-appeal filed, __ M.J. __, No. 18-0171/AR (C.A.A.F. Mar. 19, 2018).
My post was particularly critical of the prosecution’s decision to prefer new charges – and a staff judge advocate’s advice to dismiss the original charges – in a case referred for a rehearing after the result of the first trial was reversed on appeal. I opined that while the acting staff judge advocate’s bad advice to dismiss the original charges and refer only the new charges made a mess of the case, it’s highly unlikely that Adams will be successful in stopping a second trial.
Adams can still litigate the issue at the trial level, but last Thursday CAAF declined to intervene at this stage:
No. 18-0171/AR. U.S. v. Thomas M. Adams. CCA 20170581. On consideration of the writ-appeal petition, it is ordered that the writ-appeal petition is hereby denied without prejudice to Appellant’s right to raise the issue asserted during the course of normal appellate review.