CAAF yesterday ordered ACCA’s proceedings in the capital case of United States v. Akbar stayed as CAAF considers a petition for extraordinary relief. See Akbar v. Army Court of Criminal Appeals, __ M.J. ___, No. 09-8026/AR (C.A.A.F. June 23, 2009) (order); Akbar v. United States, __ M.J. ___, No. 09-8025/AR (C.A.A.F. June 23, 2009) (order). We’ve posted CAAF’s orders here. The underlying issue on the petition for extraordinary relief deals with whether the United States and ACCA erred in denying litigation resources to Akbar’s appellate defense counsel. The government was ordered to show cause by 6 July why CAAF shouldn’t order the requested relief.
We noted in last week’s TWIMJ that ACCA was hearing oral argument on 19 February in the capital appeal of United States v. Akbar, No. ARMY 20050514. The issue to be argued was “whether appellant’s Motion for Appointment and Funding of a Forensic Psychiatrist and Forensic Psychologist to assist in appellate review should be granted.” It didn’t take ACCA long to deny relief. Here’s a link to an order ACCA issued the day after argument. United States v. Akbar, No. ARMY 20050514 (A. Ct. Crim. App. Feb. 20, 2009) (order).
The XVIIIth Airborne Corps’ PAO released the following statement today:
FOR IMMEDIATE RELEASE November 20, 2006
Lt. Gen. Vines Affirms Sentence in General Court Martial of U.S. vs. Sgt. Hasan Akbar
FORT BRAGG – Lt. Gen. John R. Vines affirmed the death sentence in the case of the U.S. vs. Sgt. Hasan Akbar here, Friday.
Akbar was sentenced to death by a unanimous vote of a military panel for two specifications of premeditated murder and three specifications of attempted premeditated murder on April 28, 2005.
Sgt Akbar was convicted on April 21, 2005 of the March 23, 2003 grenade attack on three tents in Camp Pennsylvania, Kuwait that took the lives of Cpt. Christopher Seifert and Maj. Gregory Stone and wounded 14 others from the 1st Brigade Combat Team, 101st Airborne Division, Fort Campbell, KY.
The case now goes to the Army Court of Criminal Appeals under an automatic appeal.