This week at the Supremes: The cert petition in Moreno v. United States. No. 09-1349, has been distributed for the Court’s 3 June conference.
This week at CAAF: CAAF has completed its oral arguments for the term. Nine argued cases remain undecided.
This week at the CCAs: On Wednesday, NMCCA will hear oral argument in United States v. Sagona on this issue: “WHETHER THE GOVERNMENT OR THE APPELLANT BEARS THE BURDEN OF PRODUCING THE AGREEMENT CENTRAL TO THE APPELLANT’S DE FACTO IMMUNITY CLAIM, AND, IF THE GOVERNMENT BEARS THIS BURDEN, WHETHER THE LOSS OF THIS DOCUMENT CONSTITUTES A DUE-PROCESS VIOLATION.” Also on Wednesday, ACCA will hear oral argument in United States v. Shanks, No. ARMY 20090289, on this issue: “WHETHER DEATH IS AN IMPERMISSIBLE PUNISHMENT FOR RAPE OF A CHILD UNDER THE EIGHTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES, AND AS SUCH RAPE CARRIED WITH IT A STATUTE OF LIMITATION OF 5 YEARS, AND THEREFORE SPECIFICATION 1 OF CHARGE I MUST BE SET ASIDE.”
This week in Article 32 investigations: According to Phil Cave’s Court-Martial Trial Practice blog, the Article 32 investigation in MAJ Hasan’s case is scheduled for 1 June.