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: NMCCA was scheduled to hear oral argument today in United States v. Dominique on this specified issue:
WHETHER AN ACCUSED MAY BE CONVICTED OF AN “IMPLICIT” CONSPIRACY WHERE THERE IS NO EVIDENCE OF EITHER A WRITTEN OR ORAL MEETING OF THE MINDS, BUT RATHER WHERE APPELLANT’S PARTICIPATION IN THE CONSPIRACY IS LIMITED TO KNOWLEDGE THAT HIS “CO-CONSPIRATORS” ARE BREAKING THE LAW AND HIS OMISSION OF ACTION IN PREVENTING THEIR ILLEGAL ACTIVITIES.
ACCA will hear an oral argument on Wednesday. Will that be the first argument in ACCA’s new courtroom? The assignments of error to be argued in United States v. Duncan, No. ARMY 20090545, are:
I. FIRST SERGEANT HILE’S STATEMENTS GAVE APPELLANT DE FACTO GRANT OF TRANSACTIONAL IMMUNITY AS IT PERTAINED TO THE MISSING WEAPON.
II. FIRST SERGEANT HILE’S AND CAPTAIN LACARIA’S STATEMENTS DURING THE 30 MARCH 2009 FORMATION SERVED AS “UNLAWFUL INFLUENCE” OR “INDUCEMENT” IN VIOLATION OF ARTICLE 31(d), UCMJ.
IV. THE EVIDENCE IS LEGALLY AND FACTUALLY INSUFFICIENT TO SUPPORT APPELLANT’S CONVICTION OF DESERTION WITH INTENT TO REMAIN AWAY PERSONALLY.