This week at SCOTUS: I’m not aware of any new military justice developments at the Supreme Court, however four of the five active petitions for certiorari in military justice cases will be discussed in the Court’s conference this week:
- Rose v. United States, No. 12-229 (pending conference on September 24)
- Easton v. United States, No. 12-210 (pending conference on September 24)
- 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 October 12))
This week at CAAF: CAAF is in its summer recess. The first scheduled oral argument of the term is on October 9, 2012.
This week at the ACCA: The Army CCA will hear oral argument in one case this week:
Monday, September 24, 2012: United States v. Brown, No. ARMY 20100022
I. Whether the military judge erred by using MRE (military rule of evidence) 412 to exclude evidence concerning the accuser’s previous episodes of attempting to initiate sexually-oriented contact with [M.D.], as that evidence was constituionally required.
This week at the AFCCA: The Air Force CCA will hear oral argument in one case this week (update: at the Willamette University College of Law in the Salem, Oregon):
Tuesday, September 25, 2012: United States v. Talkington
I. Whether there was insufficient factual evidence to support a finding that C.L.G. was actually substantially incapacitated at the time of the sexual encounter, as the language of the charge required, especially considering that C.L.G. admitted that she was not substantially incapacitated.
II. Whether the military judge erred when he disallowed defense counsel from eliciting testimony about the “manipulativeness” of the accuser under M.R.E. 401 and 403 even though the military judge ruled the evidence admissible under M.R.E. 404.
This week at the CGCCA: The Coast Guard Trial Docket shows no pending cases at the Coast Guard CCA.
This week at the NMCCA: There is no posted notice of any upcoming oral arguments at the Navy-Marine Corps CCA.