This week at the Supremes: There are no anticipated military justice developments at the Supremes on my radar screen for this week.
This week at CAAF: CAAF is in a hiatus between the completion of its last term on 31 August and the opening of oral argument season on 11 October.
This week at the CCAs: ACCA’s announced move date is tomorrow. Goodbye North Stuart Street. Hello Belvoir. NMCCA will hear oral argument in United States v. Rheel on Friday on these issues:
I. Whether Article 120(k) UCMJ, indecent acts, is unconstitutionally vague and overbroad? And if so, can Appellant plead guilty to violating Article 120(k), UCMJ?
II. A specification states an offense only if it alleges, either expressly or by implication, every element of the offense. The “terminal element” of Article 134, UCMJ, is an element of the offense that must be proved beyond a reasonable doubt. Specification 2 of Clause II does not allege the terminal element of Article 134, UCMJ. Does the specification fail to state an offense?