This week at the Supremes: Tomorrow’s order list will almost certainly include the denial of cert in Diamond v. United States, No. 10-922.
This week at CAAF: CAAF has no oral arguments scheduled this week. It will hear two arguments next week.
This week at the CCAs: On Wednesday, ACCA will hear oral argument in two cases. First out of the chute is United States v. Nordin, No. ARMY 20090044, which presents these two issues:
I. WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN HE ALLOWED THE ADMISSION OF INSTANCES OF ULTIMATE ISSUE TESTIMONY AND THEN FAILED TO PROVIDE PROMPT, CURATIVE INSTRUCTIONS TO THE MEMBERS.
II. WHETHER THE TRIAL DEFENSE COUNSEL PROVIDED, TO THE SUBSTANTIAL PREJUDICE OF APPELLANT, INEFFECTIVE ASSISTANCE OF COUNSEL TO APPELLANT DURING TRIAL IN RESTING THE DEFENSE CASE WITHOUT PRESENTING ANY EVIDENCE AND IN FAILING TO PRESENT H. M’s AFFIDAVIT TO THE CONVENING AUTHORITY IN APPELLANT’S POST-TRIAL SUBMISSION.
Wednesday’s second ACCA argument is in United States v. Truss, No. ARMY 20080988, in which the assigned error is: “APPELLANT’S CONVICTIONS UNDER ARTICLE 125, UCMJ VIOLATE HIS FIFTH AMENDMENT DUE PROCESS RIGHTS.”