This week at SCOTUS: As discussed in this post, the Supreme Court denied certiorari in Brown v. Gray, No. 12-7257, last week. Additionally, the Solicitor General waived the right to respond to the petition in Behenna v. United States. I’m not aware of any new petitions; there are now three active petitions in military justice cases:
- Easton v. United States, No. 12-210 (pending the results of the conference on January 11; not on the list of granted cases, so presumably denied)
- Ali v. United States, No. 12-805 (pending a response from the SG (due February 4))
- Behenna v. United States, No. 12-802 (SG waived response; pending action by the Court)
This week at CAAF: The next scheduled oral argument at CAAF is on January 22, 2013.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Friday, January 18, 2013:
United States v. Wedlund, No. 20110637
Case Summary: Pursuant to his plea, appellant was convicted at a special court-martial of absence without leave. Additionally, although appellant possessed a valid prescription from the State of California to use marijuana, appellant pled guilty to and was convicted of wrongful use of marijuana. Appellant was sentenced to a bad-conduct discharge, confinement for three months, forfeiture of $978.00 pay per month for five months, and reduction to the grade of E-1.
Issue: [Whether] the military judge abused his discretion by accepting PVT Wedlund’s plea of guilty to Charge II by relying on an incorrect conclusory legal principal to support the wrongful element of the charge.
This week at the AFCCA: The Air Force CCA will hear oral argument in one case this week, United States v. Evenson, on Tuesday, January 15, 2013. I’m informed that this is an Article 62 appeal on the following issue:
Whether the military judge erred when he ruled that Appellee’s rights were violated due to a “de facto partial closure” of the Article 32 investigation.
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’s website has no scheduled oral arguments.