The National Law Journal features the Smith v. United States, No. 10-18, cert petition as the “Brief of the Week.”  An article about the cert petition, which challenges CAAF’s affirmance of a Coast Guard Academy cadet’s court-martial conviction, appears here.  It’s written by the wonderful Marcia Coyle, who has followed the military justice system for years.

The article says NACDL will file an amicus brief in support of the cert petition.  It also indicates that former Cadet Smith’s very high-powered legal team from Wilmer Cutler Pickering Hale and Dorr is repersenting him pro bono.

6 Responses to “National Law Journal article about military cert petition”

  1. hah says:

    just hope John Roberts doesn’t get his hands on the majority opinion, yes?

  2. Anonymous says:

    Ignoring the standard basis of the appeal, someone explain to me how an allegation of rape (false or not) is sexual conduct of the victim protected under 412?

    It is in no way shape or form sexual conduct, it’s an accusation. In any other context, if the defense had evidence of a false accusation we’d assess it on straight 401/403 grounds, which is exactly what should have happened here.

    Which if the Supremes agree with the de novo review will be what a future Service Court/CAAF will be dealing with.

  3. Anonymous says:

    Based on the petition, the evidence wasn’t just a false rape allegation but also that there actually was prior (consensual) sex involving the alleged victim. I think that was the theory under which 412 applied.

  4. umm says:

    This is not a 412 case. 412 was applied by mutual farting from the MJ, CCA and CAAF. Law of the case.

  5. Late Bloomer says:

    Without being familiar with the CG case, I will simply add that the USNA Superintendent has been relieved amidst scandal of improperly implementing their disciplinary system, aka the Honor Concept. It looks like 2 former Midshipmen who were “sent away” will be reinstated. So there is at least some precedent for these things.

  6. Anon says:

    A host of luminaries at defense table including heavy weight amicus.