This week at the Supreme Court: We are unaware of any anticipated military justice developments at SCOTUS this week. The respondent’s merits brief in Denedo will be due next week.
This week at CAAF: CAAF will hear oral argument in two Project Outreach sittings this week. On Tuesday, CAAF will hear oral argument in United States v. Delarosa, No. 08-0390/NA, at Southern Methodist University’s law school in Dallas. The granted issue is “WHETHER (1) THE LOWER COURT ERRED IN ADOPTING A TEST TO DETERMINE WHETHER APPELLANT’S ASSERTION OF HIS RIGHT TO REMAIN SILENT WAS SCRUPULOUSLY HONORED THAT DIFFERS FROM THE TESTS SET FORTH BY THE UNITED STATES SUPREME COURT IN MICHIGAN v. MOSLEY, 423 U.S. 96 (1975) AND UNITED STATES v. WATKINS, 34 M.J. 344 (C.M.A. 1992); AND (2) WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE MILITARY JUDGE CORRECTLY DENIED THE DEFENSE MOTION TO SUPPRESS APPELLANT’S CONFESSION MADE TO THE DETECTIVES AT THE NORFOLK, VIRGINIA, POLICE DEPARTMENT.”
On Thursday, CAAF will hear oral argument in United States v. Chatfield, No. 08-0615/NA, at Texas Tech’s law school in Lubbock. The granted issues in Chatfield are:
I. WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN FAILING TO SUPPRESS APPELLANT’S STATEMENT TO CIVILIAN AUTHORITIES AS INVOLUNTARY.
II. WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE EVIDENCE WAS LEGALLY SUFFICIENT TO AFFIRM APPELLANT’S CONVICTION.
This week at the CCAs: AFCCA will hold oral argument on Thursday in a Project Outreach sitting at an Air Force trial advocate conference in Charleston, S.C. The issue to be heard in United States v. Anderson, No. ACM 37157, is “WHETHER APPELLANT’S SENTENCE THAT INCLUDES 15 YEARS CONFINEMENT IS INAPPROPRIATELY SEVERE IN LIGHT OF THE DISPARATE SENTENCE IMPOSED ON HIS CO-ACTOR, HIS CONTRITION AND HIS ACCEPTANCE OF RESPONSIBILITY.”