This week at the Supremes: I’m unaware of any anticipated military justice developments at the Supremes this week.
This week at CAAF: CAAF will hear its final oral argument of the term tomorrow. The argument is in the Abu Ghraib case of United States v. Graner, No. 09-0432/AR. The granted issues are:
WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF THE ACCUSED BY FAILING TO ORDER DISCLOSURE OF MEMOS THAT SET OUT APPROVED “ENHANCED INTERROGATION TACTICS” FOR HANDLING DETAINEES IN UNITED STATES CUSTODY.
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION AND COMMITTED PREJUDICIAL ERROR BY EXCLUDING THE TESTIMONY OF MAJOR PONCE; THE E-MAIL AUTHORED BY MAJOR PONCE (DEF EX G FOR ID); AND THE FAVORABLE DEFENSE EXPERT TESTIMONY BY MR. THOMAS J. ARCHAMBAULT.
This week at the CCAs: On Thursday, ACCA will hear oral argument in United States v. Hollace, No. ARMY 20080083, on this assignment of error:
APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE DEFENSE COUNSEL WAS PREJUDICIALLY DEFICIENT BY: (1) FAILING TO MAKE A MOTION TO SUPPRESS APPELLANT’S SWORN STATEMENT TO CID; (2) FAILING TO FULLY INVESTIGATE THE CASE; AND (3) FAILING TO PRESENT A SENTENCING CASE.
This week at the court-martial trial level: Tomorrow an Article 39(a) session is scheduled at Norfolk in the third and final SEAL case, United States v. McCabe. Trial on the merits is expected to start on Tuesday.