David J. Rudometkin v. United States
Whether the Court of Appeals for the Armed Forces (CAAF) has jurisdiction to deny appellate defense counsel assigned by U.S. Army Judge Advocate General when Petitioner did not knowingly waive assigned counsel, and whether the Sixth Amendment deprives the CAAF of jurisdiction to review legal matters
The questions presented are: Whether the Court of Appeals for the Armed Forces (CAAF) has jurisdiction to deny appellate defense counsel assigned by U.S. Army Judge Advocate General under 10 U.S.C. § 870, when Petitioner did not knowingly, intelligently, or by conduct waive assigned appellate defense counsel. Given, the CAAF does not have jurisdiction to assign or deny appellate defense counsel, whether the Sixth Amendment deprives the CAAF of jurisdiction to review any legal matters pursuant to 10 U.S.C. § 867(a)-(c) and under the All Writs Act, 28 U.S.C. §1651.