This week at SCOTUS: The petition in Brown was presumably denied on Friday. The other active petitions are scheduled for conference. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking four cases:
- Brown v. United States, No. 13-583 (CAAFlog case page) (SG waived response, scheduled for conference on December 13)
- Dalton v. United States, No. 13-589 (synopsis in this TWIMJ post) (SG waived response, scheduled for conf. on Jan. 10)
- Robins v. United States, No. 13-7376 (jurisdictionless petition; SG waived response, scheduled for conference on Jan. 10)
- United States v. Hutchins, No. 13A343 (CAAFlog case page) (SG requested extension of time to file cert petition until Dec 13)
This week at CAAF: CAAF will hear oral argument in three cases this week:
Monday, December 16, 2013:
United States v. Danylo, No. 13-0570/AF (CAAFlog case page)
I. Whether the military judge erred when he only considered the period of time of appellant’s Article 62, UCMJ, appeal for the purpose of his speedy trial motion.
II. Whether the appellant was denied his Sixth Amendment right to a speedy trial when his court-martial occurred 350 days after he was placed in pretrial confinement.
• AFCCA argument audio (interlocutory appeal)
• AFCCA opinion (interlocutory appeal) (includes military judge’s ruling dismissing the charges)
• AFCCA opinion (post-trial)
• Blog post: Are reports of Article 10′s death greatly exaggerated?
• Appellant’s brief
• Appellee’s (Government) brief
• Blog post: Argument Preview
Tuesday, December 17, 2013:
United States v. Talkington, No. 13-0601/AF (CAAFlog case page)
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.”
United States v. Lee, No. 07-0725/MC (CAAFlog case page)
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.
• NMCCA opinion (2007)
• Blog post: Is it a conflict for an accused to be represented by a part-time DC/part-time TC?
• CAAF opinion (66 M.J. 387 (2007))
• Blog post: CAAF orders additional factfinding in defense counsel conflict case
• NMCCA opinion (2009)
• Blog post: Repeated-Lee remanded (in homage to the musical 1776)
• NMCCA opinion (2011)
• Blog post: Important published NMCCA opinion on USMC DC who was a subordinate of the prosecutor
• Blog post: Thoughts on United States v. Lee
• NMCCA opinion (2013)
• Appellant’s Brief
• Appellee’s (Government) Brief
• Appellant’s Reply Brief
• Blog post: Argument preview
This week at the ACCA: The next scheduled oral argument at the Army CCA is on January 9, 2014.
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 scheduled oral argument at the Coast Guard CCA, on January 9, 2014.
This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.