Thanks to our reader who alerted us to two upcoming ACCA arguments this week.  On Wednesday, CAAF will hear oral argument in United States v. Scott, No. ARMY 20071028.  The assignments of error in Scott are:

I.  THE MILITARY JUDGE ABUSED HIS DISCRETION IN GRANTING THE GOVERNMENT’S SUPPRESSION MOTION OF SPC E’S DNA UNDER MIL. R. EVID 412.

II.  THE MILITARY JUDGE ABUSED HIS DISCRETION IN ADMITTING PROSECUTION EXHIBIT 3 BECAUSE IT WAS NOT CORROBORATED AND IT WAS NOT VOLUNTARILY MADE.

III.  THE EVIDENCE IS LEGALLY AND FACTUALLY INSUFFICIENT TO SUPPORT APPELLANT’S CONVICTION FOR RAPE.

IV. THE CUMULATIVE EFFECT OF THE ERRORS IN THIS CASE EFFECTIVELY DENIED APPELLANT HIS RIGHT OF DUE PROCESS OF LAW AND TO A FAIR TRIAL.

On Friday, ACCA will hear oral argument in United States v. Pierce, No. 20080009.  The assignments of error in Pierce are:

I.  Whether, in order to convict appellant of a violation of 18 U.S.C. § 2422 under clause 3 of Article 134,the Government must offer some evidence of interstate or foreign commerce or special territorial jurisdiction of the United States and the members must be advised of those elements or the judge must take judicial notice of those elements as factual predicates.

II.  Whether, in order to find appellant guilty of a violation of enticement of a minor to engage in sexual activity under clause 1 or 2 of Article 134, the members must have been advised of the elements of conduct which is prejudicial to good order and discipline or service discrediting.

III.  Whether admission of a photograph depicting appellant with a confederate flag tattoo on his arm, for THE purpose of identifying him as the author of internet messages, was substantially more prejudicial than probative under M.R.E. 403.

2 Responses to “This week in military justice addendum”

  1. huh says:

    Pierce I – No.

  2. Uh-huh says:

    Pierce I = Yes.