AFCCA Grants Another Article 62
If a tree falls in the forest, but the trial counsel doesn’t inform the accused, does it make a sound? In United States v. Hathorne, Misc. Dkt No. 2001-02 (AFCCA 4 Oct 2011) , the Air Force Court of...
View ArticleCAAF grant
CAAF today granted review in an Article 62 case. Both the assigned issue — which conerns “hip pocket immunity” — and the specified issue — which concerns CAAF’s own jurisdiction — are unusually...
View ArticleArgument Preview: United States v. Hathorne, No. 12-6002/AF
CAAF’s third and final oral argument on Monday is in the “unusually interesting” Article 62 case of United States v. Hathorne, No. 12-6002/AF. The case presents two issues. The first involves a grant...
View ArticleA question of etymology
Today’s oral argument in United States v. Hathorne (audio available here), gives rise to some word sleuthing. Appellant’s counsel, my colleague Maj Spencer Kerr, stated, “Appellant has already been...
View ArticleCAAF dismisses Hathorne appeal on ripeness grounds [corrected]
It will surprise no one who has listened to the Hathorne oral argument that CAAF today dismissed the appeal on ripeness grounds in this order. United States v. Hathorne, __ M.J. __, No. 12-6002/AF...
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Opinion Analysis: Was Hathorne the best case of the term?
CAAF’s order dismissing the Article 62 case of United States v. Hathorne, No. 12-6002/AF, __ M.J. __ (C.A.A.F. Apr. 26, 2012) (CAAFlog case page) (link to order), on ripeness grounds, seems like an...
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