Next week at the Supremes:  The SG’s response to the Rodriguez cert petition, No. 08-1465, is due Monday.  Rodriguez concerns whether the 60-day deadline to petition CAAF for review is jurisdictional.  The SG initially waived the United States’ right to respond, but the Court called for a response.

Next week at CAAF: CAAF has no oral arguments scheduled next week.  CAAF’s oral argument season opens on 21 September.

Next week at the CCAs:  All four CCAs will hold oral arguments next week.  NMCCA goes first, with the Lee argument on Tuesday, where the issues are:

I. WHETHER A NEW DuBAY HEARING BEFORE A DIFFERENT JUDGE IS REQUIRED BECAUSE THE MILITARY JUDGE WAS DISQUALIFIED.

II. WHETHER CAPTAIN LEE’S ELECTION OF COUNSEL WAS INEFFECTIVE BECAUSE IT WAS NOT “KNOWING.”

On Wednesday, the Coast Guard Court — yes, that’s right; the Coast Guard Court — will hold an oral argument in United States v. Garcia.  We have long followed the widespread Coast Guard practice of prohibiting the defense from recording witnesses’ testimony at Article 32 investigations.  According to CGCCA’s online docket, here’s what’s being argued in Garcia:  “Defense Recording of Article 32 Testimony and Whether Issued [sic] was Waived by Guilty Plea.”  But I’m told by a knowledgable source that Garcia didn’t actually plead guilty.

Also on Wednesday, ACCA will hold an oral argument in United States v. Winckelmann, No. ARMY 20070243, where the assignments of error being argued are:

IV.

THE INSTRUCTIONS AS TO CHARGE III AND THE SPECIFICATIONS THEREUNDER WERE INADEQUATE BECAUSE THE MILITARY JUDGE FAILED TO COMPLETELY DEFINE WHAT CONSTITUTED AN ATTEMPT.

VII.

THE EVIDENCE WAS LEGALLY AND FACTUALLY INSUFFICIENT AS TO THE FINDINGS OF GUILT AS TO SPECIFICATIONS 1 AND 2 OF CHARGE III.

VIII.

THE EVIDENCE WAS LEGALLY AND FACTUALLY INSUFFICIENT AS TO THE FINDINGS OF GUILT AS TO SPECIFICATION 3 OF CHARGE III AND AS TO SPECIFICATION 2 OF CHARGE VII.

I believe (but I’m not sure) that CAAFlog contributor Mary Hall will be arguing this case for the Appellant.

Finally, AFCCA completes Wednesday’s trifecta with an oral argument in United States v. Prather to be held at the University of Connecticut School of Law.  I believe the issue in Prather concerns the constitutionality of the new Article 120, which is also one of the issues being argued in United States v. Neal, the first CAAF oral argument of the term, to be held on 21 September.

3 Responses to “Next week in military justice — 10 September 2009 edition”

  1. Late Bloomer says:

    Does anyone know if the AF makes their pleadings available to the public? If so, where?

  2. Look, Man says:

    Mary Hall is going to argue Winckelmann at ACCA

  3. Look, Man says:

    Any one have a copy of the Cert petition in rodriguez? And, if so, could we get a link to it?