This week promises to be last eventful than last week. The big event for the week is an ACCA Project Outreach argument on Thursday.
This week at the Supremes: There aren’t any anticipated military justice developments at the Supremes this week on my radar screen. But I do need to check whether a cert petition was filed in Loving v. Virginia last week; the filing deadline was Friday.
This week at CAAF: CAAF has no oral arguments scheduled for this week.
This week at the CCAs: ACCA will hear oral argument on Thursday at 1210 at George Washington University’s law school The case is United States v. Peck, No. ARMY 20080072. The two assignments of error being argued are: “I. THE LINEUP AND TRIAL IDENTIFICATIONS OF SSG PECK WERE INADMISSIBLE BECAUSE THEY WERE THE PRODUCT OF AN UNLAWFUL LINEUP CONDUCTED IN VIOLATION OF APPELLANT’S RIGHT TO COUNSEL. SEE MIL. R. EVID. 321(b)(2)”; and “II. THE LINEUP WHICH LED TO SSG PECK’S IDENTIFICATION WAS UNDULY SUGGESTIVE AND UNRELIABLE WHERE ALL OTHER LINEUP PARTICIPANTS WERE EITHER KNOWN TO THE VICTIM PRIOR TO THE LINEUP, GROSSLY DISSIMILAR IN AGE AND SIZE, OR BOTH. SEE MIL. R. EVID. 321.”