This week at the Supreme Court: If I calculate correctly, the respondent’s merits brief is due tomorrow in United States v. Denedo, No. 08-267. As soon as we can get a copy, we’ll post it on CAAFlog.com.
This week at CAAF: CAAF will hear two oral arguments on Tuesday. The first is in United States v. Riddle, No. 08-0739/AR. The issue in Riddle is “WHETHER APPELLANT’S PLEAS TO ALL CHARGES AND SPECIFICATIONS WERE IMPROVIDENT BECAUSE THE MILITARY JUDGE DID NOT EXPLAIN OR DISCUSS THE DEFENSE OF LACK OF MENTAL RESPONSIBILITY, DID NOT SATISFY HIMSELF THAT COUNSEL HAD EVALUATED THE VIABILITY OF THE DEFENSE, AND DID NOT ELICIT FACTS FROM APPELLANT THAT NEGATED THE DEFENSE.” I notice that counsel for the Appellant is listed as William M. Fischbach, III, Esq. I assume this is the same person as MAJ Fischbach. Did he recently leave the Army? If so, where is he now?
The second case to be argued on Tuesday is in United States v. Ranney, No. 08-0596/AF. The issues in Ranney are:
I. WHETHER THE EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT THE FINDING OF GUILTY FOR DISOBEYING A LAWFUL COMMAND WHERE THERE WAS NO EVIDENCE THAT THE COMMAND WAS DIRECTED PERSONALLY TO APPELLANT OR THAT APPELLANT KNEW IT WAS FROM A SUPERIOR COMMISSIONED OFFICER.
II. WHETHER THE ORDER IN THE SPECIFICATION OF CHARGE II WAS LAWFUL ORDER WHEN THE EVIDENCE INDICATED THE ORDER’S PURPOSE WAS TO ACCOMPLISH SOME PRIVATE END.
This week at the CCAs: On Wednesday, ACCA will hear oral argument in United States v. Johnson, No. ARMY 20070961. The issue is “WHETHER THE MILITARY JUDGE ERRED BY NOT INFORMING THE PANEL THAT THEY WERE TO MAKE A DETERMINATION THAT THE IMAGES ALLEGED INVOLVED REAL CHILDREN AND NOT VIRTUAL CHILDREN, AND THAT IF THEY FOUND THAT THE CHILDREN WERE VIRTUAL, THEY MUST ENTER A FINDING OF NOT GUILTY.”