This week at SCOTUS: An IFP cert petition was filed on June 18, 2013, in Reynard v. United States, No. 13-5084.

Master Sergeant Reynard was convicted contrary to his pleas, by a general court-martial composed of a military judge alone, of two specifications of rape of a child, one specification of indecent assault, and one specification of carnal knowledge of a child (as a LIO of a third specification of rape of a child), in violation of Articles 120 and 134. The convening authority disapproved the carnal knowledge finding, but approved the adjudged sentence of confinement for seven years and a dishonorable discharge.

The Army CCA summarily affirmed, in a per curiam opinion dated February 21, 2012, that briefly discussed the admission of evidence under Mil.R.Evid. 404(b). CAAF then summarily reversed on August 8, 2012, and remanded for review of the indecent assault specification pursuant to Humphries, as no terminal element was expressly alleged. CAAF otherwise affirmed the CCA (“The decision of that court as to the remaining charges and specifications is affirmed.”). On remand, in a per curiam opinion dated November 27, 2012, the CCA found that while the indecent assault specification was defective, it was adequate to allege the offense of assault consummated by a battery in violation of Article 128. So, citing United States v. Rauscher, 71 M.J. 225 (C.A.A.F. 2012), the court affirmed a conviction of assault consummated by a battery, and again affirmed the sentence. CAAF then denied review on March 19, 2013.

Petitioner’s address is listed as 1300 North Warehouse Road, Ft. Leavenworth, KS, which is the address of the United States Displinary Barracks.

This week at CAAF: CAAF has finished hearing oral arguments for the term.

The court heard oral argument in 36 cases this term. Six of those remain undecided: Brown, LRM, Mott, Salyer, Schell, and Wilson.

This week at the ACCA: The Army CCA will hear oral argument in once case this week, on Wednesday, July 10, 2013:

United States v. Brown, No. 20110932

Issue: [Whether] the military judge erred in accepting Appellant’s plea of guilty to the specification of Additional Charge I, where the providence inquiry failed to elicit evidence of all required elements of the offense.

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 Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

One Response to “This Week in Military Justice – July 7, 2013”

  1. Michael Lowrey says:

    Make that four cases — CAAF released its decision in Mott and Schell today.