This week at the Supremes: Either a cert grant or denial in Weston v. United States, No. 09-287, will probably be on tomorrow’s order list.
This week at CAAF: CAAF isn’t hearing oral arguments this week.
This week at the CCAs: ACCA is hearing two oral arguments this week. One is a blizzard make-up argument. In United States v. Ellerbrock, No. ARMY 2007095, the make-up argument being heard on Tuesday, the assignments of error being argued are:
I. THE MILITARY JUDGE ERRED IN EXCLUDING, UNDER MILITARY RULE OF EVIDENCE 412, EVIDENCE OF PRIOR SEXUAL BEHAVIOR BY THE ALLEGED VICTIM WHERE THE PROFFERED EVIDENCE WAS CONSTITUTIONALLY REQUIRED.
II. THE TRIAL COUNSEL COMMITTED PLAIN ERROR DURING HIS SENTENCING ARGUMENT WHERE HE ASKED THE COURT MEMBERS TO PICTURE THEIR CLOSE RELATIVES AS ALLEGED VICTIMS OF APPELLANT.
In United States v. Willis, No. ARMY 20071339, which is being argued on Thursday, the issue is: “WHETHER THE PROSECUTION AGAINST APPELLANT WAS BARRED BY A GRANT OF DE FACTO IMMUNITY WHEN THE GOVERNMENT AGREED TO DISMISS CHARGES IF APPELLANT PASSED A POLYGRAPH EXAMINATION AND APPELLANT PASSED A POLYGRAPH EXAMINATION.”