Monday, March 21, 2022

CAAF 4-judge-bench denials of petitions for review since August 1, 2021

160 through March 18, 2022.

Global Military Justice Reform will continue to report the cumulative total until either (a) the current vacancy on the U.S. Court of Appeals for the Armed Forces is filled or (b) one of the eight eligible senior judges is recalled to sit with the four judges in regular active service to rule on petitions for grant of review. 

Orders denying review could usefully note whether a petitioner had briefed any issues or the petition included Grostefon issues. Alternatively, the court could issue a Notice indicating (if that is the policy) that, for the remainder of the current hiatus, it will only deny petitions in cases that have been submitted on their merits and in which no Grostefon issues have been personally asserted by the petitioner.

To date during this lengthy interregnum, the Daily Journal discloses no motions to withhold action on a petition until the vacancy caused by expiration of Chief Judge Scott W. Stucky's term has been filled or a senior judge is recalled to act on petitions.

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