This week at the Supremes:  Three military cert petitions will likely be on tomorrow’s order list:  Huntzinger, No. 10-158, Contreras, No. 10-413, and Ehlers, No. 10-390. 

This week at CAAF:  CAAF will be hearing two Project Outreach arguments this week.  The issues for Tuesday’s argument in United States v. Jones, No. 08-0335/NA, at Brooklyn Law School are:

WHETHER THE MILITARY JUDGE VIOLATED APPELLANT’S RIGHTS UNDER THE SIXTH AMENDMENT AND RULE FOR COURTS-MARTIAL 701 BY DENYING APPELLANT THE OPPORTUNITY TO REVIEW THE EVIDENCE BEFORE HE PLED GUILTY.

WHETHER THE MILITARY JUDGE ERRED BY DENYING APPELLANT THE OPPORTUNITY TO REVIEW THE EVIDENCE BEFORE HE PLED GUILTY AND APPELLANT’S PLEA WAS THEREFORE IMPROVIDENT.

The issues for Wednesday’s argument in United States v. Gooch, No. 10-0251/AF, at Hoffstra University School of Law are:

WHETHER THE PROCESS FOR SELECTING PANEL MEMBERS FOR APPELLANT’S GENERAL COURT-MARTIAL WAS IMPROPER IN LIGHT OF ARTICLE 25, UCMJ, AND UNITED STATES v. BARTLETT, 66 M.J. 426 (C.A.A.F. 2008).

WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN, AFTER THE MILITARY JUDGE LEARNED DURING SENTENCING DELIBERATIONS THAT THE MEMBERS HAD IMPROPERLY RECONSIDERED A FINDING OF NOT GUILTY TO SPECIFICATION TWO OF THE ADDITIONAL CHARGE, AND AFTER STATING THAT HE WAS INCLINED TO DISMISS THE SPECIFICATION IN ORDER TO CURE THE ERROR, APPELLANT’S TRIAL DEFENSE COUNSEL URGED THE MILITARY JUDGE NOT TO DISMISS THE SPECIFICATION.

WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE DOCTRINE OF “WAIVER” AND “INVITED ERROR” BARRED CONSIDERATION OF APPELLANT’S CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL.

This week at the CCAs:  On Friday, ACCA will hear oral argument in United States v. Morrissette, No. ARMY 20090166, on these issues:

I.  WHETHER APPELLANT’S FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION WAS VIOLATED WHEN THE MILITARY JUDGE RULED APPELLANT’S GRANT OF IMMUNITY WAS NOT VIOLATED WHEN APPELLANT’S IMMUNIZED STATEMENTS WERE USED AGAINST HIM.

II.  WHETHER THE MILITARY JUDGE ERRED WHEN HE REFUSED TO DISQUALIFY THE 7TH [JOINT MULTINATIONAL TRAINING COMMAND]’S OFFICE OF THE STAFF JUDGE ADVOCATE AND THE CONVENING AUTHORITY BECAUSE OF THEIR EXPOSURE TO APPELLANT’S IMMUNIZED STATEMENTS AND THE 21ST [THEATER SUSTAINMENT COMMAND]’S TAINTED DECISION TO PROSECUTE.

This week in the United States District Court for the Southern District of California:  Tomorrow at 1100 PDT (1400 EDT), the United States District Court for the Southern District of California will hold a hearing on the Plaintiff’s motion for a prelminary injunction in Martin v. NCIS.  Too bad it’s so far away or I would try to attend.  We’ll see what we can learn about the hearing.

One Response to “This week in military justice — Halloween 2010 edition”

  1. Trick or Treat says:

    If you go to AFCCA website at: http://afcca.law.af.mil/, you will see ads for viagra – funny :)