During the 2009 term, certified issue cases flowed in one predominant direction: reversal. During that term, CAAF reversed the CCA in 5 of the 6 certified issue cases. But during the just-completed 2010 Term, the record in certified issue cases was muddled.
During the 2010 term, CAAF decided 7 cases with certified issues. In one of those cases — Eslinger — the certification was in essence of cross-appeal seeking affirmance of ACCA’s decision on a separate basis than that presented in the granted issue. CAAF affirmed ACCA in that case. In another case, Daly, CAAF didn’t reach the certified issue because it ruled for the defense on a jurisdictional basis unrelated to the issue presented by the certfication. In one case, Hutchins, CAAF reversed NMCCA’s outcome. In another NMCCA case, McMurrin, CAAF affirmed NMCCA, though NMCCA’s opinion practically begged CAAF to reverse its ruling. In another case, Prince, CAAF summarily affirmed ACCA just 15 days after the oral argument. And in two cases, Rose and Humphries, CAAF summarily remanded the case to AFCCA due to what might fairly be characterized as a technical defect in the CCA’s original opinion.
If there’s any trend there, I’m missing it.