AFCCA Article 62 appeal order

Philip D. Cave

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?

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message