This week at SCOTUS: With the addition of a jurisdictionless petition in New v. United States, there are now three active petitions for certiorari in military justice cases:
- Ali v. United States, No. 12-805 (pending a response from the SG (due February 4))
- Behenna v. United States, No. 12-802 (pending conference on February 15)
- New v. United States, No. 12-892 (pending waiver of response by the SG)
This week at CAAF: The next scheduled oral argument at CAAF is on February 19, 2013.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, January 31, 2013, at 10:00 am.
United States v. Baxter, No. ARMY 20100487
I. Whether the evidence is factually and legally insufficient to support the findings of guilty as to the additional charge and its specification?
II. Whether the military judge erred by failing to instruct the members that mistake of fact is a defense to sodomy by force.
This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.
This week at the CGCCA: The Coast Guard Trial Docket shows one case pending before the Coast Guard CCA, and scheduled for oral argument on Wednesday, January 30, 2013:
United States v. Shannon
I. Whether the military judge abused his discretion by not dismissing the charges against appellant after finding unlawful command influence.
II. Whether the military judge abused his discretion by not dismissing appellant’s case with prejudice after granting appellant’s motion to dismiss for violations of R.C.M. 707(a).
This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on February 13, 2013.