This week at the Supremes: There are no scheduled military justice developments at the Supremes this week. It’s probably still too early to post a watch for a decision in Denedo.
This week at CAAF: CAAF will hear oral arguments in four cases this week. Tuesday’s first argument will be in United States v. Matthews, No. 08-0613/AR, where the granted issue is “WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT MIL. R. EVID. 509 DOES NOT BAR THE GOVERNMENT FROM CALLING THE MILITARY JUDGE FROM A JUDGE-ALONE TRIAL TO TESTIFY AT A DuBAY HEARING AS TO HIS DELIBERATIVE PROCESS.” Tuesday’s second oral argument is in United States v. Marshall, No. 08-0779/AR, where the granted issue is “WHETHER THE MILITARY JUDGE’S FINDING BY EXCEPTIONS AND SUBSTITUTIONS CREATED A MATERIAL FATAL VARIANCE IN CHARGE III AND ITS SPECIFICATION [ESCAPE FROM CUSTODY].” Wednesday’s first argument is United States v. Sanders, No. 09-0013/AF, where the granted issue is “WHETHER THE MILITARY JUDGE ERRED BY ADMITTING IRRELEVANT AND HIGHLY PREJUDICIAL EVIDENCE IN VIOLATION OF R.C.M. 1001 AND MIL. R. EVID. 403.” And CAAF’s final argument of the week is United States v. Wiechmann, No. 09-0082/MC, where the granted issue is “WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO COUNSEL WHEN THE CONVENING AUTHORITY AND STAFF JUDGE ADVOCATE FAILED TO RECOGNIZE ONE OF HIS TWO DETAILED DEFENSE COUNSEL.”
This week at the CCAs: It doesn’t appear that any of the CCAs have oral arguments scheduled this week.
This week in CLE: On Tuesday at 1200, NIMJ will hold a program on openness of courts-martial at the American University’s Washington School of Law.