The Supremes have docketed a cert petition seeking review of CAAF’s decision in United States v. Neal, 68 M.J. 289 (C.A.A.F. 2010).  Neal v. United States, No. 09-1414.  I’ll post the QP once I find out what it is.

One Response to “Supremes docket cert petition in Neal”

  1. Keith Hodges Army Defense Service says:

    Am dying to see your bets if the Supremes will grant. And, is there hope Congress can be convinced to change it if the Supremes grant and uphold CAAF? And, what incentive is there for Congress to work this issue now that the Supremes have been asked to take a peak?

    For those in Army land, the Army Trial Judiciary published its official Benchbook change yesterday to implement Neal. Not much there except a one liner that consent can negate “an element” without mentioning that element is “force.” On the good side, the formula of when the defense gets a consent affirmative defense instruction has not changed and occurs when there is “some evidence” of consent.