Armed Forces appelate court issues stay for Major Hasan case

FORT HOOD, Texas — The U.S. Court of Appeals for the Armed Forces issued another stay of proceedings Oct. 22 in the Maj. Nidal M. Hasan court martial. 

The CAAF issued the stay after defense counsel for Hasan notified the court last week that they planned on appealing the recent decision from the U.S. Army Court of Criminal Appeals that upheld the trial judge’s ruling that Hasan must appear in court clean shaven.  

The CAAF did not state how long the stay would remain in place, only saying that Hasan’s motion for a stay “is hereby granted pending further order of the Court.”     

The CAAF sits in Washington, D.C., and serves as the highest-level appellate court for the U.S. military.  It provides civilian oversight of the military justice system and reviews appellate decisions from appellate courts for the Army, Air Force, Navy, Marines, and Coast Guard. 

Five civilian judges usually make up the court, however at this time, one of the five positions is vacant.  A former CAAF judge, however, has been designated to sit on the court for the Hasan appeal to ensure five judges in fact hear the appeal.  In August, the CAAF stated:

“In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-captioned case [Nidal M. HASAN, Petitioner v. Gregory Gross, Colonel, United States Army, Military Judge, Respondent], and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2006).”

The CAAF Web page is available at: http://www.armfor.uscourts.gov/newcaaf/home.htm.

The accused, Hasan, is presumed innocent unless and until proven guilty in a court of law.