EV v. Martinez, 75 M.J. 331

Trial Stages: Writs and Interlocutory Appeals: Generally

1. the writ of mandamus is a drastic and extraordinary remedy reserved for really extraordinary causes
2. under Article 6b(e), UCMJ, the victim of a sexual assault may petition the CCA for a writ of mandamus to require a court-martial to comply with MRE 513, relating to the psychotherapist-patient privilege, and with MRE 412, relating to the admission of evidence regarding a victim’s sexual background
3. in this case, where an alleged sexual assault victim seeks a writ of mandamus from CAAF to correct an alleged abuse of discretion by the military judge relating to the release of certain of her mental health records to the defense, and where the CCA, to whom the petition was first directed under Article 6b(e), UCMJ, denied relief, CAAF lacks jurisdiction to decide the petition on the merits; Article 6b, UCMJ, is quite straightforward; it is a clear and unambiguous grant of limited jurisdiction to CCAs to consider petitions by alleged victims of sexual assault for a writ of mandamus to require a court-martial to comply with MRE 513, relating to the psychotherapist-patient privilege and MRE 412, relating to the admission of evidence regarding a victim’s sexual background; there is no mention whatsoever of CAAF; Congress having legislated in this area and bestowed certain third-party rights on alleged victims, CAAF must be guided by the choices Congress has made; Congress certainly could have provided for further judicial review in this novel situation, but it did not; Congress having now legislated in the area, CAAF is bound by the choices it made

Trial Stages: Writs and Interlocutory Appeals: All Writs Act

1. CAAF clearly has authority, in a proper case, to grant mandamus and other extraordinary or prerogative writs under the All Writs Act, 28 USC § 1651; however, it is axiomatic that the All Writs Act is not an independent source of jurisdiction; it does not expand CAAF’s jurisdiction, but only operates “in aid of” its existing statutory jurisdiction
2. in this case, where an alleged sexual assault victim seeks a writ of mandamus from CAAF to correct an alleged abuse of discretion by the military judge relating to the release of certain of her mental health records to the defense, and where the CCA, to whom the petition was first directed under Article 6b(e), UCMJ, denied relief, CAAF lacks jurisdiction to decide the petition on the merits; Article 6b, UCMJ, is quite straightforward; it is a clear and unambiguous grant of limited jurisdiction to CCAs to consider petitions by alleged victims of sexual assault for a writ of mandamus to require a court-martial to comply with MRE 513, relating to the psychotherapist-patient privilege and MRE 412, relating to the admission of evidence regarding a victim’s sexual background; there is no mention whatsoever of CAAF; Congress having legislated in this area and bestowed certain third-party rights on alleged victims, CAAF must be guided by the choices Congress has made; Congress certainly could have provided for further judicial review in this novel situation, but it did not; Congress having now legislated in the area, CAAF is bound by the choices it made

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. under Article 6b(e), UCMJ, the victim of a sexual assault may petition the CCA for a writ of mandamus to require a court-martial to comply with MRE 513, relating to the psychotherapist-patient privilege, and with MRE 412, relating to the admission of evidence regarding a victim’s sexual background

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. as a federal court of appeals inferior to the Supreme Court, CAAF’s jurisdiction and, indeed, its existence are wholly dependent upon statutes enacted by Congress in pursuance of its Article I power to make rules for the governance of the land and naval forces
2. in this case, where an alleged sexual assault victim seeks a writ of mandamus from CAAF to correct an alleged abuse of discretion by the military judge relating to the release of certain of her mental health records to the defense, and where the CCA, to whom the petition was first directed under Article 6b(e), UCMJ, denied relief, CAAF lacks jurisdiction to decide the petition on the merits; Article 6b, UCMJ, is quite straightforward; it is a clear and unambiguous grant of limited jurisdiction to CCAs to consider petitions by alleged victims of sexual assault for a writ of mandamus to require a court-martial to comply with MRE 513, relating to the psychotherapist-patient privilege and MRE 412, relating to the admission of evidence regarding a victim’s sexual background; there is no mention whatsoever of CAAF; Congress having legislated in this area and bestowed certain third-party rights on alleged victims, CAAF must be guided by the choices Congress has made; Congress certainly could have provided for further judicial review in this novel situation, but it did not; Congress having now legislated in the area, CAAF is bound by the choices it made

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. an appellate court reviews questions of jurisdiction de novo
2. in construing statutes, jurisdictional and otherwise, an appellate court applies the accepted rules of statutory construction, and one is that an unambiguous statute is to be enforced according to its terms; when a statute’s language is plain, the sole function of the courts, at least where the disposition required by the text is not absurd, is to enforce it according to its terms

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. in construing statutes, jurisdictional and otherwise, an appellate court applies the accepted rules of statutory construction, and one is that an unambiguous statute is to be enforced according to its terms; when a statute’s language is plain, the sole function of the courts, at least where the disposition required by the text is not absurd, is to enforce it according to its terms