Audio of last week’s oral arguments at CAAF is available at the following links:
United States v. Bennitt, No. 12-0616/AR (CAAFlog case page)
Granted Issue: Whether appellant’s conviction for involuntary manslaughter under Article 119(b)(2), UCMJ, is legally insufficient because (1) in accordance with United States v. Sargent, 18 M.J. 331 (C.M.A. 1982), appellant’s distribution of oxymorphone was not a crime directly affecting the person under Article 119(b)(2), and (2) even if so, Congress did not intend for Article 119(b)(2) to cover appellant’s misconduct.
Specified Issue: In Specification 2 of Charge I Appellant is charged with unlawfully killing Leah King while aiding and abetting Ms. King’s wrongful use of Oxymorphone, which is alleged to be an “offense” directly affecting the person of Ms. King. Must Ms. King’s use of Oxymorphone be an “offense” to be legally sufficient to support the finding of guilty under Article 119(b)(2)?
United States v. Salyer, No. 13-0186/MC (CAAFlog case page)
Issue: Under United States v. Lewis, a case is dismissed with prejudice when unlawful command influence results in the recusal of a military judge. Here, the military judge recused himself because he found that the government’s actions made it impossible for him to remain on the case. The government complained to his supervisor about a ruling, accessed his service record without permission and, with this information, moved for his recusal. Should this case be dismissed with prejudice?
United States v. Squire, No. 13-0061/AR (CAAFlog case page)
Issue: Whether Appellant was denied his Sixth Amendment right to confront his accuser when the military judge permitted testimonial hearsay in the form of SL’s statement to a physician.
United States v. Wilson, No. 13-0096/AR (CAAFlog case page)
Issue: Whether appellant was denied his right to a speedy trial in violation of Article 10, UCMJ, when the government failed to act with reasonable diligence in bringing him to trial.