Another week of the summer doldrums…
This week at SCOTUS: A petition for certiorari was docketed at The Supreme Court last week in Hatley v. United States, No. 12-187. Former MSGT Hatley was convicted in 2009 of the 2007 murder of four Iraqi detainees. His sentence included confinement for life; subsequently reduced to 40 years in clemency. The Army CCA affirmed the findings and sentence in an unpublished opinion in 2011. United States v. Hatley, No. 20090329 (A.Ct.Crim.App. June 30, 2011). CAAF denied review on January 2, 2012. United States v. Hatley, No. 11-0671, 71 M.J. 92 (2012). Since Article 67a precludes certiorari under these circumstances, the SCOTUS petition (2012 WL 3224304) presents the following issues:
(1) Does the (Uniform Code of Military Justice) UCMJ Article 67a violate a soldier’s 5th amendment constitutional right to due process?
(2) Does the judicial misconduct reflected in the trial record serve as a basis for granting former MSG John Hatley a new trial?
The other active military cert petitions are Fry v. United States, No. 11-1395, which is pending a response from the Solicitor General (extended another month, now due September 12), and Stanley v. United States, No. 11-1500, which is pending conference on September 24.
This week at CAAF: CAAF is in its summer recess and is not scheduled to hear oral arguments until October.
This week at the ACCA:
The next scheduled oral argument at the Army CCA is on September 25, 2012.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on October 11, 2012.
This week at the CGCCA: The Coast Guard Trial Docket shows no pending cases at the Coast Guard CCA.
This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on August 30, 2012.