This week at SCOTUS: A petition for a writ of certiorari was docketed on 12 December in Deitz v. United States, No. 11-727. This was an Army case that CAAF remanded to the CCA for consideration in light of Fosler on September 21, 2011 (the case occupied lot 58 in the Fosler trailer park). The CAAF docket number was 11-0611/AR. The ACCA docket number was 20081031.

I can’t find any record of the ACCA action in the case on the ACCA’s website, in Lexis, or in Westlaw. However, the case appeared in TWIMJ on May 8, 2011, as an oral argument scheduled for Wednesday May 11, 2011, with the following issues:

I. [Whether] the military judge erred in excluding evidence of the alleged victim’s prior sexual behavior because it was constitutionally required to demonstrate the alleged victim’s motive to fabricate.

II. If this court finds the military judge did not err in excluding the photographs at issue in assignment of error I, [whether] trial defense counsel was ineffective for failing to offer sufficient evidence to support the admission of such photographs.

There is civilian counsel identified on the Supreme Court’s website.

The next scheduled oral argument at the Supreme Court is on 9 January.

This week at CAAF: The next scheduled oral argument at CAAF is on 10 January.

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.

One Response to “This Week in Military Justice – 18 December 2011”

  1. Phil Cave says:

    Try a different spelling and it comes up in LEXIS, but only at CAAF.