This week at the Supremes: Tomorrow’s order list from the Supremes will almost certainly include the denial of certiorari in Moreno v. United States, No. 09-1349. Pendergrass v. Indiana, which involves Melendez-Diaz’s impact on surrogate expert testimony, has been distributed for Thursday’s conference, as has the pro se IFP military cert petition in Taylor v. United States, No. 09-10418.
This week at CAAF: CAAF has completed its scheduled oral arguments for the term. Nine argued cases remain undecided.
This week at the CCAs: ACCA will hear two oral arguments on Thursday. Thursday morning, ACCA will hear oral argument on the following issue in United States v. Horne, No. ARMY 20090892: “WHETHER THE ACTING COMMANDER, FORT LEWIS, HAS ANY UCMJ AUTHORITY DESIGNATED BY THE SECRETARY OF THE ARMY, AND WHETHER HE HAD JURISDICTION IN APPELLANT’S CASE.” On Thursday afternoon, ACCA will hear oral argument in United States v. White, No. ARMY 20061313: “WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE TRIAL DEFENSE COUNSEL PROVIDED INCOMPETENT ADVICE REGARDING THE DISCOVERABILITY OF APPELLANT’S STATEMENTS TO HIS PSYCHOLOGIST AND CONDUCTED AN INADEQUATE INTERVIEW OF THE PSYCHOLOGIST BEFORE CALLING HIM TO THE STAND.”
This week in Article 32 investigations: On Friday, an Article 32 investigation hearing will be held at Walter Reed Army Medical Center in the case of United States v. LTC Terrence L. Lakin. Unfortunately I’ll be on the road on Friday; otherwise, I probably would have taken a vacation day and headed over to Walter Reed.