This week in military justice — Marine Corps Birthday Week 2009 edition
This week at the Supremes: I don’t anticipate any military justice-related events at the Supremes this week.
This week at CAAF: CAAF will hear four oral arguments this week. Tomorrow is Air Force Day. CAAF will hear oral argument in United States v. Ellis, No. 09-0382/AF, in which the granted issue is ”WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY ALLOWING THE GOVERNMENT’S EXPERT WITNESS TO TESTIFY CONCERNING APPELLANT’S RISK OF RECIDIVISM.” CAAF will then hear oral argument in United States v. Jones, No. 09-0271/AF, in which the granted issue is ”WHETHER APPELLANT’S CONVICTION FOR INDECENT ACTS WITH ANOTHER MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE ISSUED ERRONEOUS AND MISLEADING INSTRUCTIONS SUPPORTING INDECENT ACTS AS AN AVAILABLE LESSER-INCLUDED OFFENSE TO THE ORIGINAL RAPE CHARGE AND THE RESULTING CONVICTION UNDER CHARGE I AND ITS SPECIFICATION AMOUNTED TO A FATAL VARIANCE.” On the 234th birthday of the United States Marine Corps, CAAF will first hear oral argument in United States v. Thompson, No. 09-0145/AR, in which the granted issue is “WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S RIGHT TO A SPEEDY TRIAL UNDER ARTICLE 10, UCMJ, WAS NOT VIOLATED.” CAAF will then hear oral argument in United States v. Smith, No. 08-0719/CG, in which the granted issue is ”WHETHER THE MILITARY JUDGE VIOLATED APPELLANT’S CONSTITUTIONAL RIGHT TO CONFRONT HIS ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT’S ONLY WITNESS, ON THREE OF THE FIVE CHARGES.”
This week at the CCAs: On Thursday, ACCA will hear oral argument in United States v. Gibson, No. ARMY 20071059. Two issues will be argued: “WHETHER THE ACTIONS OF GOVERNMENT PERSONNEL CREATED A PERCEPTION OF BIAS WHICH REQUIRED FURTHER ACTION AND RELIEF BY THE MILITARY JUDGE”; and “WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION WHEN SHE PROHIBITED TESTIMONY FROM SPECIALIST ANTONIO GONZALEZ RECOUNTING STATEMENTS MADE BY PFC FIELDS REGARDING MALE GENITALIA ON THE NIGHT OF THE OFFENSE ALLEGED IN THE SPECIFICATION OF CHARGE IV.”
Well, I’ll say it. To all of my Marine Corps friends, ‘HAPPY BIRTHDAY!’ And many thanks for your sacrifices throughout our history.