2008 (September Term)
United States v. Wuterich, 67 M.J. 32 (the jurisdictional concept of standing normally concerns the limitation of the judicial power of the United States to cases and controversies under Article III, Section 2 of the US Constitution; the CAAF, which was established under Article I of the Constitution, has applied the principles from the cases and controversies limitation as a prudential matter).
(appellant had standing to
file a motion to
dismiss the government’s interlocutory appeal of the military judge’s
evidentiary ruling to quash a subpoena issued to a television network
sought production of the unaired footage of a videotaped interview of
regarding his alleged offenses, where appellant had a direct interest
scope of any ruling at trial or on appeal regarding the evidence that
available for consideration at his trial).
United States v. Lane, 64 M.J. 1 (appellant has standing on direct review to challenge the composition of the Air Force Court of Criminal Appeals on the grounds that the assignment of a judge to his appellate panel, who was a United States Senator and also a lieutenant colonel in the Air Force Standby Reserve, violated the Incompatibility Clause of the Constitution which prohibits Members of Congress from holding any office under the United States).
(one who makes a challenge to the constitutional validity of the appointment of an officer who adjudicates his case is entitled to a decision on the merits of the question and whatever relief may be appropriate if a violation indeed occurred; the constitutionality of the assignment of a person to serve as a judge on a Court of Criminal Appeals is not an abstract question; the fact that a Member of Congress sat as a judge in this criminal case relates to the rights and liberties of a specific individual, appellant; the direct liberty implications for appellant make this case distinct from other abstract circumstances where the Incompatibility Clause might be implicated; appellant is entitled to a decision as to the constitutional validity of the appointment of an officer who adjudicated his case).