This week at SCOTUS: The Supreme Court docket for Behenna v. United States has the following entry dated Jan 30: “Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.” I’m not aware of any other military justice developments at The  Supreme Court.

This week at CAAF: CAAF will hear oral argument in two cases this week, on Tuesday, February 19, 2013, beginning at 9:30 a.m.:

United States v. Lubich, No. 12-0555/NA (CAAFlog case page)

Issue: Whether the military judge erred by overruling defense counsel’s foundation and authentication objections and admitting computerized data evidence gathered by an unnamed Navy-Marine Corps Intranet (NMCI) analyst who used an unidentified process with unknown reliability to collect data related to appellant’s network user activity.

Case Links:
NMCCA opinion
Blog post: Machine generated printouts are not statements
Blog post: CAAF grant
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

Followed by United States v. Gaskins, No. 13-0016/AR (CAAFlog case page)

Issues:
I. Whether the Government’s loss of a sentencing exhibit rendered the record of trial incomplete under Article 54, UCMJ, resulting in a jurisdictional limitation on the sentence to one no greater than that which could be approved for a non-verbatim record.
II. Whether Appellant waived the failure to plead the terminal element of the Article 134 offenses by his failure to raise that issue at the sentence rehearing, and if not, whether those charges should be dismissed because the Government failed to plead the terminal element.

Case Links:
Note: Multiple blog posts omitted; see our case page for the full history.
ACCA opinion (Gaskins I)
Blog post: Judge Ham Has A Few Parting Gifts for Her Friends
ACCA opinion (Gaskins II)
Blog post: Some thoughts about the Gaskins writ
ACCA opinion (Gaskins III)
Blog post: It’s b-a-a-a-ck; CAAF grants review of Gaskins
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The Army CCA will hear oral argument in three case this week:

Wednesday, February 20, 2013, at 10 a.m.: United States v. Savage, No. ARMY 20110495

Issues:
I. [Whether] Appellant’s conviction under specification 3 of Charge V for striking SPC [A. K.] in the face is factually and legally insufficient because the government failed to prove that he shared the perpetrator’s criminal intent or participated in the assault.
II. [Whether] Appellant’s conviction under the specification of Charge III for willfully damaging military property is factually and legally insufficient where the government failed to prove that appellant shared the perpetrators’ criminal intent or participated in the crime, and, except for the overhead camera, offered no evidence of the damage to the allegedly damaged military property.
III. [Whether] Appellant’s conviction under the specification of Charge I for mutiny is factually and legally insufficient where the government failed to prove appellant’s allegedly mutinous acts of attacking PFC [A.A.], barricading himself in the special housing unit west, and exhorting others to join him in defiance of lawful military authority.
IV. Appellant’s conviction under the specification of Charge III for willfully disobeying a lawful command from his superior commissioned officer is factually and legally insufficient.

Thursday, February 21, 2013, at 10 a.m.: United States v. Delaney, No. ARMY 20110145

Issues:
I. Whether the evidence is factually and legally sufficient to support the finding of guilt for rape by force where appellant raised the defense of consent.
II. Whether the evidence is factually and legally sufficient to support the finding of guilt for rape by force where appellant raised the defense of mistake of fact.
III. Whether the evidence is factually and legally sufficient to support the finding of guilt to assault with an unloaded firearm.

Thursday, February 21, 2013, at 2 p.m.: United States v. Stimpel, No. ARMY 20100310

Issue: Whether Appellant’s due process rights were violated.

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 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 February 27, 2013.

One Response to “This Week in Military Justice – 17 February 2013”

  1. Scott says:

    Govt just requested an extension in Behenna case
    http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-802.htm