Well, it's about time, Red! Here's the latest from CAAFlog,
NMCCA issues Chessani opinion and
Chessani: this took 9 months? . From the second article,
"Chessani is a strange little opinion. It's a unanimous unpublished opinion from a three-judge panel in an Article 62 case, which a CCA is statutorily required to expedite. It's hard to understand how it could have taken nine months from the government's appeal to the issuance of this opinion.
NMCCA first determines that the defense made a sufficient case to shift the burden to the government to demonstrate lack of unlawful command influence. In the key portion of its opinion, NMCCA then reasoned:..........
[Read More at CAAFlog..........]
"The opinion proceeds as if its ultimate destination is a total affirmance of the military judge's ruling, but then sharply veers off course near the end. Without providing any supporting explanation or analysis, NMCCA announces: "
We further conclude that the military judge's disqualification of Joint Forces Command organization, except to the extent that it involves Gen Mattis in his individual capacity, is not supported by factual findings in the record, and therefore is an abuse of discretion.
"The very next sentence states, "For the foregoing reasons, the Government's interlocutory appeal is denied." Huh? If NMCCA reversed part of the military judge's remedy, as it did in the preceding sentence, then isn't the government's appeal necessarily granted in part? Shouldn't the decretal paragraph have read that the appeal was denied in part and granted in part?
Having devoted nine months for the marginal benefit of undisqualifying Joint Forces Command members other than General Mattis, will the government finally get on with the merits of the Chessani case or is there a petition for en banc rehearing or certification in its future?" .....
[Read More at CAAFlog]
---------Seems the appeals court agreed with everything Judge Folsom found for UCI, except that Joint Forces Command (other than Gen. Mattis and his SJA's) CAN rehear a new case if it is pursued further.