This week at the Supremes: There aren’t any anticipated military justice developments at the Supremes this week on my radar screen.
This week at CAAF: CAAF has finished oral arguments for the term. Ten argued cases remain undecided. The annual end o’ oral argument season reception at CAAF is on Wednesday.
This week at the CCAs: Tomorrow at 1000, NMCCA will hold oral argument in Foisy on this issue: “WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DID NOT ALLOW THE DEFENSE TO INTRODUCE INTO EVIDENCE THE INITIAL NCIS STATEMENT MADE BY PFC FOISY AFTER THE GOVERNMENT HAD ALREADY ADMITTED PFC FOISY’S SUPPLEMENTAL NCIS STATEMENT.” On Tuesday at 1000, AFCCA will hear oral argument in United States v. Harden, No. ACM 37388, on these two assignments of error:
I. The military judge erred by denying the motion to suppress Appellant’s pretrial statements
II. The military judge erred by excluding defense evidence concerning the state of mind of the Appellant immediately following the interrogation which was relevant to evaluating the reliability and weight of the