This week at the Supremes:  There are no anticipated military justice filings at the Supremes this week.

This week at CAAF:  CAAF has four opinions to announce before the end of the term on 31 August: Smead, which was argued in January but which resulted in a post-argument order directing additional briefing, Bush, a potentially major post-trial delay case argued in April, and the twin (fraternal, not identical) Aviano cases — Ashby and Schweitzer — argued in June.

This week at the CCAs:  The Army Court will hear two oral arguments on Tuesday, further slodifying its yellow jersey status as the CCA oral argument leader.  The assignments of error being orally argued in United States v. Girouard, No. ARMY 20070299, are:

II.

WHETHER THE GOVERNMENT FAILED TO PROVE APPELLANT GUILTY BEYOND A REASONABLE DOUBT OF NEGLIGENT HOMICIDE BY FAILING TO OFFER ANY EVIDENCE OF THE STANDARD OF CARE, ANY EVIDENCE THAT APPELLANT VIOLATED THAT STANDARD, OR ANY EVIDENCE THAT ANY CONDUCT BY THE APPELLANT PROXIMATELY CAUSED THE DEATHS.

III.

WHETHER THE MILITARY JUDGE ERRED BY REFUSING TO PERMIT THE DEFENSE TO ELICIT EVIDENCE OR COMMENT ON THE FACT THAT THE WITNESSES AGAINST THE ACCUSED HAD CUT DEALS THAT COULD SET THEM FREE IN SIX YEARS DESPITE THE FACT THAT THEY PLEADED GUILTY TO PREMEDIATED MURDER.

IV.

WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF HIS CIVILIAN, LEAD DEFENSE COUNSEL BECAUSE SHE FAILED TO DISCLOSE ADEQUATELY HER CONFLICT OF INTEREST.

The assignment of error being orally argued in United States v. Monroe, No. ARMY 20080402, is: “WHETHER THE MILITARY JUDGE AND CONVENING AUTHORITY IMPROPERLY APPLIED THE PIERCE CREDIT AWARDED APPELLANT TO THE ADJUDGED, RATHER THAN THE APPROVED, SENTENCE.”

This week at CAAFlog:  I’ll be completely off line Tuesday, Wednesday, and part of Thursday.  (The Kabul Klipper has booked us on a cruise.  Has anyone heard of the EISENHOWER cruise line?  Could it be affiliated with Carnival Cruises, since the vessel number starts with “CV”?)  I hope that my CAAFlog colleagues will keep you up-to-date with any developments that occur while I’m going through Internet withdrawal.  I should be back in the CAAFlog saddle sometime Thursday evening.

3 Responses to “This week in military justice — 25 July 2009 edition [CORRECTED]”

  1. Anonymous says:

    Actually both arguments are on Tuesday, not Wednesday.

  2. Anonymous says:

    Good arguments by defense counsel in both cases. Seems in my humble opinion to be a non-zero chance of relief in both cases, the second more than the former.

  3. Kasper Suits says:

    Kasper Suits…

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