On Tuesday CAAF granted review and ordered briefs in
six five cases:
No. 07-0725/MC. U.S. v. Jonathan E. LEE. CCA 200600543. Review granted on the following issue:
WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN FINDING NO DUE PROCESS VIOLATION WHERE 2,500 DAYS ELAPSED BETWEEN SENTENCING AND REMOVAL OF APPELLANT’S NAME FROM THE TEXAS SEX OFFENDER REGISTRY.
Lee is a long-running Marine Corps case (and is seen by many as the precipitating event for the creation of the Marine Corps Defense Services Organization due to a conflict of interest issue that was the topic of this McClatchy article). Normally I don’t create a case page until I write an argument preview, but we’ve covered the Lee case extensively, so it gets a case page now (CAAFlog case page). See the case page for links to the long appellate history.
No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241. Review granted on the following issue:
WHETHER THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING NO MATERIAL PREJUDICE TO APPELLANT’S SUBSTANTIAL RIGHT TO A FAIR TRIAL AFTER IT ASSUMED, WITHOUT DECIDING, THAT TRIAL COUNSEL’S ACTIONS AMOUNTED TO MISCONDUCT, AND WHETHER THE MILITARY JUDGE’S CURATIVE INSTRUCTIONS SUFFICIENTLY ADDRESSED THE CUMULATIVE NATURE OF SUCH CONDUCT AS WELL AS ANY CORRESPONDING PREJUDICE IN LIGHT OF THE FACTORS IDENTIFIED IN UNITED STATES v. FLETCHER, 62 M.J. 175 (C.A.A.F. 2005).
The NMCCA’s opinion in Hornback is here.
No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ. CCA 37913. Review granted on the following issues:
I. WHETHER THE EVIDENCE WAS LEGALLY INSUFFICIENT TO FIND BEYOND A REASONABLE DOUBT THAT APPELLANT COMMITTED ASSAULT LIKELY TO RESULT IN RIEVOUS BODILY HARM.
II. WHETHER THE EVIDENCE WAS LEGALLY SUFFICIENT TO FIND BEYOND A REASONABLE DOUBT THAT APPELLANT COMMITTED ADULTERY.
The AFCCA’s opinion in Gutierrez is here.
No. 13-0565/AR. U.S. v. Christopher R. KEARNS. CCA 20110348. Review granted on the following issue:
WHETHER THE EVIDENCE WAS LEGALLY SUFFICIENT TO PROVE THAT APPELLANT HAD THE INTENT TO ENGAGE IN CRIMINAL SEXUAL CONDUCT WITH KO, A MINOR, WHEN HE FACILITATED KO’S TRAVEL IN INTERSTATE COMMERCE AND WAS FOUND GUILTY IN SPECIFICATION 1 OF CHARGE III OF VIOLATING 18 U.S.C. SECTION 2423(a).
The Army CCA’s published opinion in Kearns (72 M.J. 586) is here.
No. 13-0601/AF. U.S. v. Korey J. TALKINGTON. CCA 37785. Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY INSTRUCTING THE MEMBERS THAT CONSIDERATION OF SEX OFFENDER REGISTRATION IS “NOT A MATTER BEFORE THEM” AND “FRAUGHT WITH PROBLEMS.”
The Air Force CCA’s opinion in Talkington is here.