This week at the Supremes: There are no anticipated military justice developments at SCOTUS on my radar screen for this week.
This week at CAAF: Mr. DeCicco will hold his annual CAAF orientation session on Wednesday. I had planned to go, but my attendance has been preempted by another responsibility. I look forward to hearing a report about the orientation session. CAAF is in its new term, but its oral argument season doesn’t open until 11 October. This is likely because of a disconnect between CAAF’s terms (1 September – 31 August) and CAAF judges’ terms of office. See Article 142(b)(2), UCMJ, 10 U.S.C. § 942(b)(2) (2006) (“The term of a judge shall expire as follows: (A) In the case of a judge who is appointed after March 31 and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the appointment occurs. (B) In the case of a judge who is appointed after September 30 of any year and before April 1 of the following year, the term shall expire fifteen years after such September 30.”). So Chief Judge Effron’s term does not end until 30 September. It appears that CAAF has chosen not to hear oral arguments before then.
This week at the CCAs: ACCA wil hear oral argument on Wednesday in United States v. Roberts, No. ARMY 20090716, on these issues:
II. WHETHER THE MILITARY JUDGE COMMITTED REVERSIBLE ERROR BY FAILING TO TAILOR SELF-DEFENSE INSTRUCTIONS TO THE FACTS AND INSTRUCT THE MEMBERS THAT MULTIPLE ATTACKERS USING FISTS AND SHOD FEET COULD CAUSE GRIEVOUS HARM TO APPELLANT, ENTITLING THE USE OF DEADLY FORCE IN CHARGE I, SPECIFICATIONS 1 AND 3. (See United States v. Martinez, 40 M.J. 426 (C.M.A. 1994)).
III. WHETHER THE MILITARY JUDGE COMMITTED REVERSIBLE ERROR BY FAILING TO INSTRUCT THE MEMBERS THAT THE USE OF A CONCEALED WEAPON DOES NOT NEGATE THE USE OF SELF-DEFENSE IN CHARGE I, SPECIFICATIONS 1 AND 3. (See United States v. Clayborne, 7 M.J. 528 (A.C.M.R. 1979)).