This week at SCOTUS: The Supreme Court denied certiorari in Deitz v. United States, No. 11-727, on January 17. I am not aware of any other military justice developments at the Supreme Court.
This week at CAAF: CAAF will hear oral argument in two cases this week:
Tuesday, January 24, 2012:
United States v. Barberi, No. 11-0462/AR
Issue: Whether the general verdict of guilt rested on conduct that was constitutionally protected, in that at least one of the six images presented to the members was not child pornography.
United States v. Bradley, No. 11-0399/NA (Bradley II)
I. In Bradley I, this court ruled that its application of waiver to appellant’s disqualification-of-trial-counsel claim did not render his pleas improvident where there was: (1) no ineffective assistance of counsel (IAC) claim; and (2) only a possibility that he believed the disqualification claim was preserved for appeal. On remand, appellant claimed IAC and presented evidence that he did believe his disqualification issue was preserved. Did NMCCA err in holding that it was bound by this court’s ruling that appellant’s pleas were provident?
II. Appellant’s civilian counsel erroneously advised him that his denied motion to disqualify trial counsel from further participation in the case was preserved for appeal despite unconditional pleas. Did NMCCA err in finding that civilian counsel’s erroneous advice was reasonable, and therefore not deficient?
III. On remand, did NMCCA violate the law of the case doctrine by finding that even if the trial judge erred by not disqualifying trial counsel – which the Bradley I court found he had – appellant was not prejudiced – which the Bradley I court found he was?
• Bradley I: N-MCCA opinion
• Bradley I: CAAF oral argument audio
• Bradley I: CAAF opinion
• Bradley I: Blog post: CAAF issues two more opinions
• Bradley II: N-MCCA opinion
• Bradley II: Appellant’s brief
• Bradley II: Appellee’s (government) brief
• Bradley II: Blog Post: Argument preview
This week at the ACCA: The Army CCA’s docket shows no scheduled oral arguments this week.
This week at the AFCCA: The Air Force CCA’s docket shows no scheduled oral arguments this week.
This week at the CGCCA: The Coast Guard Trial Docket shows no pending cases at the Coast Guard CCA.
This week at the N-MCCA: The Navy-Marine Corps CCA’s docket shows no scheduled oral arguments this week.