I’ll be away next week. My blogging will be somewhere between curtailed and non-existent. So here’s an advance peek at next week in military justice:
Next week at the Supremes: There are no anticipated military justice developments at the Supremes on my radar screen for next week.
Next week at CAAF: CAAF has completed its oral arguments for the term. One argued case remains undecided: United States v. Nerad, No. 09-5006/AF.
Next week at the CCAs: On Thursday, NMCCA will hear oral argument in United States v. McMurrin. Here are the issues being argued:
I. WHETHER APPELLANT’S CONVICTION FOR NEGLIGENT HOMICIDE UNDER ARTICLE 134, UCMJ, 10 U.S.C. § 934 (2006), AS A LESSER INCLUDED OFFENSE OF INVOLUNTARY MANSLAUGHTER UNDER ARTICLE 119, UCMJ, VIOLATES THE REQUIREMENTS OF DUE PROCESS AND ARTICLE 79, UCMJ. See United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010), United States v. Burleson, __ M.J. __, No. 09-258/NA (C.A.A.F. 18 May 2010). See also United States v. Riley, 58 M.J. 305, 311-12 (C.A.A.F. 2003), United States v. Martinez, 42 M.J. 327, 330 (C.A.A.F. 1995).
II. WHETHER THE APPELLANT’S ACTS OR OMISSIONS: (1) AMOUNTED TO SIMPLE NEGLIGENCE, AND (2) PLAYED A MATERIAL ROLE IN MMFR STEPHENS’ DEATH.
(Someone in the Navy help me out with this one. Is an “MMFR” a Machinist’s Mate Fireman Recruit?)