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.

One Response to “CAAF won’t get involved (yet) in the Army’s messy rehearing in Adams”

  1. stewie says:

    So….not that messy. On with the trial.