The Army cert petition in Huntzinger v. United States, No. 10-158, has been distributed for the 29 October conference. 

Here are the QPs from the cert petition:

CAN A MILITARY OFFICER, WHILE UNDERTAKING A CRIMINAL INVESTIGATION, AUTHORIZE AND THEN CONDUCT A SEARCH?

IS THERE AN EXCEPTION TO THE FOURTH AMENDMENT FOR THE “REASONABLE ACTIONS OF A COMMANDER CHARGED WITH MAINTAINING GOOD ORDER AND DISCIPLINE”?

And here are the QPs from the SG’s brief in opposition:

Whether the commander’s authorization of the search and seizure of petitioner’s computer and hard drive violated Military Rule of Evidence 315(d) and the Fourth Amendment.

The cert petition in Ehlers v. United States, No. 10-390, has also been distributed for the 29 October conference.  As we previously noted, the Supremes don’t actually have cert jurisdiction in the Ehlers case, since CAAF denied the petition for grant of review.  The SG simply waived the United States’ right to respond to the cert petition.

The cert petition in Contreras v. United States, No. 10-413, has also been distributed for the 29 October conference.  The SG also waived the right to respond in that case (cert jurisdiction clearly exists in Contreras).  Here’s the QP from Contreras:

Is a violation of Article 134, Uniform Code of Military Justice, the General Article, which prohibits, among other things, conduct “to the prejudice of good order and discipline in the armed forces” or “of a nature to bring discredit upon the armed forces,” a “purely military offense?”

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