This week in military justice — 18 October 2009 edition
This week at the Supremes: The cert petition in Rodriguez v. United States, No. 08-1465, has been distributed for tomorrow’s conference. The SG initially waived the United States’ right to respond, but the Court called for a response. Also distributed for tomorrow’s conference is the pro se IFP cert petition in Mohamed v. United States, No. 09-6620.
This week at CAAF: CAAF has no oral arguments scheduled for this week.
This week at the CCAs: On Tuesday (I think), NMCCA will hear oral argument in United States v. Savala. (The reason I write, “I think,” is because NMCCA’s notice indicates that the argument will be heard at 1000 on “Thursday, October 20, 2009.” But 20 October is a Tuesday. I’m guessing that the date is right and the day is wrong.) Here’s the assignment of error to be argued in Savala:
THE MILITARY JUDGE ACTED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE: (1) GRANTED THE PROSECUTION MOTION TO EXCLUDE RELEVANT EVIDENCE UNDER MIL.R.EVID. 412, (2) EXCLUDED MIL.R.EVID. 412 EVIDENCE, EVEN THOUGH THE PROSECUTION AND COMPLAINING WITNESS FIRST INTRODUCED SUCH TESTIMONY DURING THE MERITS, AND (3) EXCLUDED MIL.R.EVID. 412 EVIDENCE, WHEN THE PROSECUTION AND COMPLAINING WITNESS AGAIN INTRODUCED RELATED TESTIMONY DURING SENTENCING.
This week in military justice reform: The biggest military justice news of the week is likely to be tomorrow’s release of the Cox Commission II report.
Savala, Tuesday, 20th. Either that or I’m going to be rather lonely at the NMCCA court-room on that day at 1000.