This week at the Supremes:  The SG’s response to the Neal cert petition, No. 09-1414, is currently due on Friday.

This week at CAAF:  CAAF has completed oral arguments for the term and has issued an opinion in every argued case.

This week at the CCAs:  On Wednesday, ACCA will hear oral argument in United States v. Fiorito, No. 20080535 on this issue:  “WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING DEFENSE COUNSEL’S REQUESTS FOR CONTINUANCE AND THEREBY EFFECTIVELY DENIED APPELLANT’S CONSTITUTIONAL RIGHT TO COUNSEL.”

On Friday, NMCCA will hear oral argument in United States v. Collins on these three issues:

I. WHETHER THE JUDGE ERRED IN ALLOWING EVIDENCE OF UNCHARGED CONDUCT UNDER MIL. R. EVID. 413 WHERE THERE WAS INSUFFICIENT STRENGTH OF PROOF THAT THE UNCHARGED CONDUCT HAD ACTUALLY OCCURRED AS WELL AS INSUFFICIENT EVIDENCE THAT THE UNCHARGED CONDUCT QUALIFIED AS SEXUAL CONTACT.

II. WHETHER THE APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AMENDMENT WHERE HIS DEFENSE COUNSEL FAILED TO IDENTIFY AND CALL WINTESSES WHO WERE EITHER PRESENT AT THE TIME THE ALLEGED UNCHARGED CONDUCT OCCURRED OR WHO HAD PERSONAL KNOWLEDGE OF THE COMPLAINING WITNESS’ HISTORY OF FALSE REPORTING OF ALLEGED SEXUAL ASSAULTS.

III. WHETHER THE EVIDENCE IS FACTUALLY INSUFFICIENT TO SUSTAIN A CONVICTION FOR AGGRAVATED SEXUAL ASSAULT, WHERE THE EVIDENCE ADDUCED AT TRIAL DOES NOT SUPPORT A FINDING THAT THE ALLEGED VICTIM WAS SUBSTANTIALLY INCAPACITATED.

This week in the Navy JAG Corps:  Our colleague the Super Muppet of Appellate Advocacy (a.k.a. Jason Grover) will be promoted to commander tomorrow.  BZ to S.G.!

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