This week at the Supremes: The Supremes’ long conference on Tuesday will decide the fate of three military cert petitions: Wuterich v. United States, 08-1133, Stephens v. United States, 08-1514, and the pro se IFP petition in Tatum v. United States, No. 09-5552. The SG initially waived the United States’ right to respond to all three. The Supremes never called for a response in either Stephens or Tatum, making it apparent that those petitions are not on the discuss list and will be denied. The Supremes did call for a response in Wuterich. [Familiar disclosure: I’m counsel of record in both Wuterich and Stephens.]
This week at CAAF: The oral argument stage is dark at CAAF this week.
This week at the CCAs: None of the CCA oral argument calendars lists an oral argument for this month.
This week at the court-martial level: As the No Man discussed here, the court-martial of Marine Sgt Jermaine Nelson will start on Tuesday at Camp Pendleton on charges arising from the Battle of Fallujah. Sgt Nelson’s two alleged co-actors have been acquitted — Jose Nazario by a civilian federal jury in California and Sgt Ryan Weemer by a court-martial.
This week in military justice reports?: We previously noted that a Marine Corps Times article reported that Judge Cox has said the second Cox Commission “hopes to have its recommendations out by the end of September.” William H. McMichael, Law panel to review private sex in military, Marine Corps Times, July 20, 2009, at 10. We’re waiting with giddy anticipation to see if the commission’s report is released this week.