This week at the Supremes: I’m not aware of any new military justice developments at SCOTUS. However, there are cases of interest scheduled for oral argument this week, including:
- Perry v. New Hampshire, No. 10-8974, addressing unreliable circumstances surrounding eyewitness testimony
- Missouri v. Frye, No. 10-444, and Lafler v. Cooper, 10-209, addressing ineffective assistance of counsel during plea negotiations
This week at CAAF: CAAF will hear oral argument in two cases this week, both at off-site locations as part of Project Outreach:
Wednesday 2 November (at Washington University School of Law, One Brookings Drive, St. Louis, Missouri):
United States v. 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.
Thursday 3 November (at Scott Air Force Base, Illinois):
United States v. 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.
This week at the ACCA: The next scheduled date for oral argument at the ACCA is 16 November.
This Week at the AFCCA: The AFCCA has four cases on its docket, with one scheduled for oral argument on 17 November.
Update: The AFCCA will conduct a Project Outreach argument on an unidentified case at Duke Law School on Thursday 3 November:
Students are invited to watch the United States Air Force Court of Criminal Appeals hear oral arguments on a current case at 1:45 p.m. in the Moot Courtroom. At 2:45 p.m., judges and counsel will open the floor to questions and answers from student attendees. A reception for those in attendance will follow the Q&A in the Burdman Lounge. For more information, contact Anne Sherman at email@example.com.
This Week at the CGCCA: The Coast Guard Trial Docket shows no pending cases before the CGCCA.
This week at the N-MCCA: The next scheduled date for oral argument at the N-MCCA is 9 November.