This week in military justice — 1 November 2009 edition
This week at the Supremes: The pro se IFP military cert petition in Brewer v. United States, No. 09-6800, was distributed for Friday’s conference. The cert denial should be on tomorrow’s order list.
This week at CAAF: CAAF will hear two Project Outreach arguments this week, both in Air Force cases. On Tuesday, CAAF will hear oral argument in United States v. Durbin, No. 09-0380/AF, at Vanderbilt University Law School. The two granted issues in Durbin are: ”WHERE THE MILITARY JUDGE FOUND THAT APPELLANT AND HIS WIFE HAD A PRIVATE CONVERSATION WHILE MARRIED AND NOT SEPARATED, WAS THE MILITARY JUDGE CORRECT THAT APPELLANT COULD CLAIM THE PRIVILEGE UNDER MIL. R. EVID. 504 ONLY AS TO HIS STATEMENTS DURING THAT CONVERSATION BUT NOT TO HIS WIFE’S AS WELL.” and “WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN FINDING THERE WAS NO HARM AFTER OVERTURNING THE MILITARY JUDGE’S RULING THAT APPELLANT’S ACT OF SHOWING HIS WIFE THAT HE HAD DELETED THE PICTURES HE SAID HE WOULD WAS NOT COMMUNICATIVE AND THEREFORE NOT PRIVILEGED UNDER MIL. R. EVID. 504.” On Wednesday, CAAF will be hearing argument in United States v. Cowgill, No. 09-0376/AF, at Fort Campbell. The granted issue in Cowgill is: “Whether the military judge abused her discretion in denying the defense motion to suppress all evidence from Appellant’s home.”
This week at the CCAs: None of the CCAs’ calendars lists an oral argument for this week.