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.

4 Responses to “This week in military justice — 6 June 2010 edition”

  1. Christopher Mathews says:

    Surely one of our erstwhile contributors (and I include regular commenters in that lot) can find the time to go observe the Lakin proceedings?

  2. DC Steve says:

    Flying into DC just in time to miss it.

    Sure hope they picked a big room.

  3. KyAtty says:

    I just learned that Lakin has waived his June 11 hearing and will go straight to court-martial, where he will once again unsuccessfully attempt to argue that he don’t have to obey the orders of no Kenyan, commie, muslim, fascist usurper.

  4. glenn says:

    Lakin has waived his preliminary hearing. There is a press release.

    http://www.safeguardourconstitution.com/

    http://www.safeguardourconstitution.com/news/press-release-june-2010.html

    I don’t feel sorry for this guy at all.

    Also, last night on Birther radio Maj. Gen. Paul E. Vallely said he would not be testifying. He said it was due to his heart condition. He said lots more, but that’s a whole different story.