This week at the Supremes: The cert petition in Diamond v. United States, No. 10-922, is scheduled to go to Conference this Friday. Unless a Justice requests a response from the SG before then, it will be on next Monday’s order list as a cert denial.
This week at CAAF: CAAF isn’t hearing oral arguments this week.
This week at the CCAs: AFCCA will hear oral argument on Tuesday in United States v. Narula. I’ll see if I can find out the issue/issues being argued tomorrow. NMCCA is hearing oral argument on Tuesday in United States v. Davenport. Here are the issues being argued:
I. WHETHER THE PETIONER MEETS THE THRESHOLD REQUIREMENTS FOR CORAM NOBIS REVIEW BASED UPON HIS CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL.
II. WHETHER THE TRIAL DEFENSE COUNSEL WAS INEFFECTIVE BY ADVISING PETITIONER THAT (1) HE WOULD HAVE TO REGISTER AS A SEX OFFENDER FOR 10 YEARS AND NOT AS A “SEXUAL PREDATOR” FOR LIFE, AND (2) HIS SPECIAL COURT-MARTIAL CONVICTION WOULD BE CLASSIFIED A MISDEMEANOR IN CIVILIAN JURISDICTIONS.
ACCA is hearing oral argument on Wednesday in United States v. Leahy, No. 20090146. Here are the arguments being issued:
I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE DEFENSE MOTION FOR THE APPOINTMENT OF AN EXPERT CONSULTANT PSYCHOLOGIST TO ASSIST THE DEFENSE IN DEVELOPING EVIDENCE THAT WOULD SUPPORT THE LACK OF VOLUNTARINESS WHEN THE APPELLANT CONFESSED TO THE ALLEGED OFFENSES.
II. WHETHER THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS THE APPELLANT’S CONFESSION DUE TO LACK OF VOLUNTARINESS.