The big event for the week will be the Article 32 investigation in the Hasan case, which I understand will start on Tuesday. Here’s the rest of the rundown:
This week at the Supremes: There are no anticipated military justice developments at the Supremes on my radar screen for this week.
This week at CAAF: CAAF will hear two oral arguments on Wednesday. First out of the chute is United States v. Flores, No. 10-0332/AF, on this isuse: “WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL.” Second will be the prominent case of United States v. Hutchins, No. 10-5003/MC, on these certified issues:
WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING, INTER ALIA, THAT THE MILITARY JUDGE SEVERED THE ATTORNEY-CLIENT RELATIONSHIP WITH CAPTAIN BASS?
WHETHER UNDER R.C.M. 505(d)(2)(B), THE NAVY-MARINE CORPS COURT INCORRECTLY FOUND NO “GOOD CAUSE” ON THE RECORD FOR THE REPLACEMENT OF APPELLANT’S SECOND DETAILED DEFENSE COUNSEL WITH ANOTHER COUNSEL?
WHETHER THE LOWER COURT APPLIED THE WRONG STANDARD AND ERRONEOUSLY PRESUMED, WITHOUT ASSESSING, PREJUDICE AND SET ASIDE THE FINDINGS AND SENTENCE, WHERE APPELLANT’S STATUTORY RIGHTS, AND CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, WERE SATISFIED THROUGHOUT TRIAL?
With Blazier II, Medina, Prather, and Luke already having been argued on Hutchins being argued this week, this year’s term seems frontloaded with monumental cases.
This week at the CCAs: The CCA websites don’t list any oral arguments for this week.
This week in CLE: This Friday is day for the CAAF/JAA Appellate Advocacy Symposium at George Mason University’s law school. Online registration is available here.