This week at SCOTUS: There are five active petitions for certiorari in military justice cases. From newest to oldest:
- Rose v. United States, No. 12-229, (recently filed)
- Easton v. United States, No. 12-210 (pending scheduling of a conference date)
- Hatley v. United States, No. 12-187 (pending conference on September 24)
- Stanley v. United States, No. 11-1500 (pending conference on September 24)
- Fry v. United States, No. 11-1395 (pending a response from the Solicitor General (due September 12))
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 7, 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 Navy-Marine Corps CCA will hear oral argument in one case this week, on Thursday, August 30, 2012:
United States v. Smith
Case Summary: A general court-martial composed of members with enlisted representation convicted appellant, contrary to his plea, of one specification of aggravated sexual assault in violation of Article 120, UCMJ, 10 U.S.C. § 920 (2006). The members sentenced appellant to reduction to pay grade E-1, confinement for 30 days, and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed.
I. Whether the military judge denied appellant’s Fifth and Sixth Amendment rights to present a defense by limiting the scope of a defense expert’s trial testimony.
II. Whether the military judge denied appellant’s Sixth Amendment right of confrontation by limiting the defense counsel’s cross-examination of the complaining witness, even when trial counsel did not make an objection.