United States v. Murphy ( 2021 )


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  •                U NITED S TATES AIR F ORCE
    C OURT OF C RIMINAL APPEALS
    UNITED STATES                                )      No. ACM S32629
    Appellee                           )
    )
    v.                           )
    )      ORDER
    Louis K. MURPHY                              )
    Senior Airman (E-4)                          )
    U.S. Air Force                               )
    Appellant                       )      Special Panel
    On 21 May 2021, this court remanded the above-captioned case to the Chief
    Trial Judge, Air Force Trial Judiciary, “to resolve a substantial issue with the
    convening authority’s decision memorandum.” United States v. Murphy, No.
    ACM S32629, 
    2021 CCA LEXIS 251
    , at *8–9 (A.F. Ct. Crim. App. 21 May 2021)
    (unpub. op.). On 8 June 2021, Appellee moved this court to reconsider its 21
    May 2021 opinion in light of our superior court’s decision in United States v.
    Brubaker-Escobar, No. 20-0345, 
    2021 CAAF LEXIS 508
     (C.A.A.F. 4 Jun. 2021),
    and to order an immediate stay of our remand. Appellant did not oppose the
    motion.
    The panel of Senior Judge Lewis, Judge Ramírez, and Judge Cadotte voted
    3–0 in favor of panel reconsideration.
    It is by the court on this 23d day of June, 2021,
    ORDERED:
    Appellee’s Motion for Reconsideration is GRANTED. The court’s 21 May
    2021 decision is hereby WITHDRAWN. Appellee’s request for a stay is
    MOOT.
    The record of trial will be returned to the court for completion of its Article
    66, UCMJ, 
    10 U.S.C. § 866
    , review.
    FOR THE COURT
    CAROL K. JOYCE
    Clerk of the Court
    

Document Info

Docket Number: S32629

Filed Date: 6/23/2021

Precedential Status: Non-Precedential

Modified Date: 5/29/2024