I’m going to post this now, while I still have power.
Next week at the Supremes: There are no anticipated military justice developments at the Supremes on my radar screen for this week.
Next week at CAAF: Two argued cases from this term have yet to be decided: Sweeney (application of Melendez-Diaz) and Ellerbrock (Mil. R. Evid. 412). We expect decisions to be released no later than Wednesday.
Next week at the CCAs: On Thursday, ACCA will hear oral argument in United States v. Garner, No. ARMY 20080410, on these issues:
I. WHETHER DEFENSE COUNSEL WERE INEFFECTIVE BECAUSE THEY PRESENTED NO EVIDENCE DURING THE SENTENCING PHASE OF SPC GARNER’S COURT-MARTIAL.
II. WHETHER THE EVIDENCE IS LEGALLY AND FACTUALLY SUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE LANGUAGE IN SPECIFICATION 2 OF CHARGE III, SPECIFICALLY THAT SPC GARNER WRONGFULLY AND KNOWINGLY VIEWED OR POSSESSED CHILD PORNOGRAPHY “DEPICTING IMAGES OF CHILDREN THAT WERE OR APPEARED TO BE UNDER THE AGE OF 18, ENGAGED IN SEXUAL ACTS” IN VIOLATION OF ARTICLE 134, UMCJ.