Misc. No. 07-8018/AF. Michael D. MURPHY, Petitioner v. Major General Robert Smolen, Convening Authority, and Colonel Bruce Ambrose, Investigating Officer, Respondents. CCA 2007-03. Notice is hereby given that a petition for extraordinary relief was filed under Rule 27(a).
As reported here last month, Colonel Murphy was a judge advocate accused of not being licensed to practice law, larceny, AWOL, and making false official statements. There is no mention of the issue involved or whether Colonel Murphy first presented the extraordinary writ to the AFCCA. The AFCCA website appears to be current through 17 July, but I have been unable to find an entry for Colonel Murphy. That suggests Colonel Murphy may have gone directly to CAAF.
As far as I can discover, the Article 32 investigation has not been held yet. That raises a couple of questions.
(1) From the caption of the case, it is clear that Colonel Murphy is protesting against some decision by the convening authority and the IO. What was that decision?
(2) Did Colonel Murphy file at the CCA first? If so, did the AFCCA write an opinion?
Does anyone out there have any answers?