CAAF also posted within the last month the briefs for its November calendar, at least for Nov. 2-3. The current schedule is available by clicking below. I note that Reservist CAAFlog contributor LCDR Brian Mizer will make a return appearance “at CAAF”–he’ll actually argue at one of the two Project Outreach sites (Scott Air Force Base, Illinois).
Wednesday, November 2, 2011, Time TBD:
United States v. Thomas J. Hayes No. 11-5003/NA
Case Summary: GCM conviction of selling military property, and theft of military property. The Judge Advocate General certified three issues: (1) whether the Navy-Marine Corps Court of Criminal Appeals erred when it held that Appellee’s unsworn statement during presentencing raised the “possible defense” of duress; (2) whether the Navy-Marine Corps Court of Criminal Appeals erred, as a matter of law, when it found that the Appellee’s unsworn statement raised the possibility of a defense when the facts on the record did not establish a prima facie case for duress; and (3) whether the Navy-Marine Corps Court of Criminal Appeals erred when it set aside the findings and sentence due to the military judge’s failure to investigate Appellee’s plea for the possibility of a duress defense because suicide cannot, as a matter of law, be the threat necessary to establish the defense of duress.
NOTE: This case will be heard at Washington University School of Law, One Brookings Drive, St. Louis, Missouri, as part of Project Outreach.
Thursday, November 3, 2011, Time TBD:
United States v. Joshus D. Fry No. 11-0396/MC
Case Summary: GCM conviction of AWOL, possession of child pornography, and fraudulent enlistment. Granted issue questions whether Appellant’s enlistment into the Marine Corps was void ab initio when it took place after a judicial determination of Appellant’s incapacity to contract.
NOTE: This case will be heard at Scott Air Force Base, Illinois, as part of Project Outreach.