This week at SCOTUS: I’m not aware of any new military justice developments at SCOTUS. The next scheduled oral argument at the Court is on 9 January.

This week at CAAF: CAAF will hear oral argument in four cases this week:

Monday 12 December:

United States v. King, Jr., No: 11-0583/NA

Issue: Whether Specification 5 of Charge I alleging an indecent act under Article 120 (k), UCMJ, failed to state an offense where the indecent act alleged was Appellant orally requesting during a Skype internet conversation that a child under the age of 16 years expose her breasts so that he could view them utilizing the web camera.

Case links:
N-MCCA opinion
Appellant’s brief
Appellee’s (government) brief
Blog post: Argument preview

Followed by:

United States v. Watson, No. 11-0523/MC

Issue: Whether Appellant’s guilty plea to fraudulent enlistment was provident.

Case links:
N-MCCA opinion
Appellant’s brief
Appellee’s (government) brief
Appellant’s reply brief
Blog post: Argument preview

Tuesday 13 December:

United States v. Nealy, No. 11-0615/AR

Issue: Appellant was charged with communicating a threat under Article 134, but was convicted pursuant to his plea of using provoking speech in violation of Article 117. In light of United States v. Jones, 68 M. J. 465 (C.A.A.F. 2010) can the conviction be sustained?

Case links:
• ACCA opinion (unavailable on CCA’s website, Westlaw, or Lexis)
Appellant’s brief
Appellee’s (government) brief
Appellant’s reply brief
Blog post: Argument preview

Followed by:

United States v. Ballan, No: 11-0413/NA

Issue: Although the crime of indecent acts with a child to which appellant pleaded guilty was not a lesser included offense of the charged crime of rape of a child and thus had not been formally referred to trial by court-martial by the convening authority, whether appellant waived such irregularity by pleading guilty under a pretrial agreement to indecent acts with a child in violation of Article 134, where neither the pretrial agreement nor appellant’s plea at arraignment expressly set forth either potential terminal element for an Article 134 clause 1 or 2 specification, but both elements were discussed and admitted during the providence inquiry.

Case links:
N-MCCA opinion
Appellant’s brief
Appellee’s (government) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on 5 January.

This Week at the AFCCA: The Air Force CCA docket shows no scheduled oral arguments.

This Week at the CGCCA: The Coast Guard Trial Docket shows no pending cases before the Coast Guard CCA.

This week at the N-MCCA: The Navy-Marine Corps CCA docket shows no scheduled oral arguments.

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