In Dalmazzi v. United States, will the Supreme Court rule that Judge Martin Mitchell was disqualified to rule on Nicole Dalmazzi's appeal before the Air Force Court of Criminal Appeals?
In 2016, the US Court of Appeals for the Armed Forces dismissed (SCOTUS Blog) Nicole DalmazziÍs objections to Judge Martin Mitchell serving as an appellate military judge on the Air Force Court of Criminal Appeals (AFCCA) while also serving as a military judge on the United States Court of Military Commission Review (USCMCR). Dalmazzi claimed that Judge MitchellÍs appointment to the USCMCR disqualified him to serve as an appellate judge on the AFCCA due to the statutory ban on dual-officeholding by civil servants (SCOTUS Blog, SCOTUS Blog). Dalmazzi also claims that simultaneous service on both the AFCCA and the USCMCR violates the Appointments Clause of the US constitution. The Supreme Court is expected to hand down its decision in its current term, but if it does not, the question will resolve as no.