This week at the Supremes: Tomorrow’s the day! We’ll find out whether the Golden CAAF will be making an cross-continent Washington-to-Washington journey. We’ll find out whether the lawyers at Wilmer Cutler Pickering Hale and Dorr LLP will be wondering why they’ve received a small gilded bovine statuette in the mail. We’ll find out whether we have to order a Golden CAAF III. We’ll find out whether the 14-year draught for a granted servicemember’s cert petition under 28 U.S.C. § 1259 has ended. In short, we’ll learn whether the Supremes have granted cert in Smith v. United States, No. 10-18. The order list will be available on SCOTUSblog.com at 1000 EST or shortly thereafter. Also on tomorrow’s order list will be the denial of my cert petition in Nerad v. United States, No. 10-532, and denial of the guano crazy birther cert petition in Kerchner v. Obama, No. 10-436.
This week at CAAF: CAAF will be hearing two oral arguments this week. On Wednesday, CAAF will hear United States v. Watson, No. 10-0468/AR, which presents this issue: “WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL.” ACCA’s opinion in the case is published at 69 M.J. 623. On Thursday, CAAF will hear oral argument in United States v. Beaty, No. 10-0494/AF, on the recurring issue of the correct maximum punishment for a child pornography conviction under Article 134 clause (1) or (2) rather than clause (3). AFCCA’s unpublished decision in the case is available here.
This week at the CCAs: On Wednesday, NMCCA will be hearing an important oral argument in an Article 62 appeal Hutchins-type case. Here’s the issue to be argued in United States v. Hohman: “WHETHER THE MILITARY JUDGE ERRED BY ABATING THE PROCEEDINGS UNTIL THE PREVIOUS DETAILED DEFENSE COUNSEL IS RETURNED TO THE DEFENSE TEAM DESPITE THE MILITARY JUDGE’S EARLIER RULING THAT THE ATTORNEY-CLIENT RELATIONSHIP WAS SEVERED FOR GOOD CAUSE SHOWN ON THE RECORD.” Unfortunately, I probably won’t be able to make it over to the Navy Yard on Wednesday, so I’ll look forward to the audio being posted online.
I seem to recall scuttlebutt that the Coast Guard Court would be hearing an oral argument in December, but that’s not reflected in the online docket. Does anyone know whether the Coast Guard Court will be hearing an oral argument and, if so, when?