Court-Martial Trial Practice Blog
Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question?
Appellant charged.
Additional charges added.
Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the dismissal there is a signed PTA on the remaining charges, which precludes approval of a BCD.
Next day the government files notice of intent to appeal the dismissal. Same day the MJ accepts the guilty plea, sentences the accused, but does not adjudge a BCD.
Several months later AFCCA however decides the issues, and decides them in favor of the government and adverse to the accused. Did AFCCA actually lose jurisdiction over the appeal once the military judge adjourned the court?