The annual report of the
Code Committee on Military Justice always makes interesting reading.
The latest one is no exception. Here's a statistic of interest: during the year-long September 2012 Term of Court, the U.S. Court of Appeals for the Armed Forces granted 103 petitions for review and denied 635 (p. 17). That makes a grant rate of just under 14%. Since the U.S. Supreme Court can grant certiorari in petition cases only if CAAF has granted review, this means that roughly 86% of the cases on the largest part of its docket are ineligible for review by the Supreme Court. The only path open to the accuseds in those cases is to seek collateral review in the federal district courts or the U.S. Court of Federal Claims, where the scope of review is narrower and free military appellate defense counsel cannot represent them.
In contrast, all federal civilian criminal defendants, all state criminal defendants, and all military commissions accuseds have the right to seek Supreme Court review without having to persuade the next lower court that there is "good cause."
Why doesn't Congress correct this indefensible disparity?