United States v. Janssen

Court of Appeals for the Armed Forces

United States v. Janssen

73 M.J. 202, 2014 CAAF LEXIS 62

CourtCourt of Appeals for the Armed Forces

DecidedJanuary 16, 2014

DocketNo. 14-0130/AF

StatusPublished

This text of 73 M.J. 202 (United States v. Janssen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Janssen, 73 M.J. 202, 2014 CAAF LEXIS 62 (Ark. 2014).

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Opinion

CCA 37681. On consideration of Appellee’s brief and its January 15, 2014, letter to the Clerk, filed under Rule 36A, Rules of Practice and Procedure, we find that they insufficiently address the assigned issue and Appellant’s argument. When counsel submits an insufficient brief, an appellate court can and should require re-briefing. See Passmore v. Estell, 607 F.2d 662, 664 (5th Cir. 1979), cert. denied 446 U.S. 937 (1980). As noted in Entsminger v. Iowa, 386 U.S. 748, 751-52 (1967), both the appellate court and counsel share in the responsibility to provide complete and effective appellate review. Accordingly, it is ordered that, on or before January 23, 2014, Appellee will file a supplemental brief fully addressing the assigned issue and Appellant’s arguments. No extensions of time to file will be granted.

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CCA 37681. On consideration of Appellee’s brief and its January 15, 2014, letter to the Clerk, filed under Rule 36A, Rules of Practice and Procedure, we find that they insufficiently address the assigned issue and Appellant’s argument. When counsel submits an insufficient brief, an appellate court can and should require re-briefing. See Passmore v. Estell, 607 F.2d 662, 664 (5th Cir. 1979), cert. denied 446 U.S. 937 (1980). As noted in Entsminger v. Iowa, 386 U.S. 748, 751-52 (1967), both the appellate court and counsel share in the responsibility to provide complete and effective appellate review. Accordingly, it is ordered that, on or before January 23, 2014, Appellee will file a supplemental brief fully addressing the assigned issue and Appellant’s arguments. No extensions of time to file will be granted.

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Bluebook (online)

73 M.J. 202, 2014 CAAF LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-janssen-armfor-2014.

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