This week at SCOTUS: SCOTUSblog reports that the Court granted cert in eight cases last week (link to order list). None of them were the two military justice cases I’ve been tracking. I’m not aware of any other military justice developments at the Supreme Court.

This week at CAAF: CAAF will hear oral argument in four cases this week:

Monday, January 13, 2014, at 9:30 a.m.:

United States v. Hornback, No. 13-0442/MC (CAAFlog case page)

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).

Case Links:
NMCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument preview

Followed by:

United States v. Elespuru, No. 14-0012/AF (CAAFlog case page)

Issue: Whether Specifications 2 and 3 of Charge I are multiplicious.

Case Links:
AFCCA opinion
Blog post: CAAF grant on multiplicity issue
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument preview

Tuesday, January 14, 2014, at 9:30 a.m.:

United States v. Kearns, No. 13-0565/AR (CAAFlog case page)

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. § 2423(a).

Case Links:
ACCA opinion (72 M.J. 586)
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument preview

Followed by:

United States v. Gutierrez, No. 14-0009/AR (CAAFlog case page)

Issue: Whether the evidence of stalking was legally sufficient where Appellant was acquitted of rape and the prosecution relied on the evidence of rape to prove stalking.

Case Links:
ACCA opinion (summary affirmation)
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument previewg

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, January 15, 2014, at 10 a.m.:

United States v. Martin, No. 20110345

Issues:
I. The evidence is legally and factually insufficient to support the finding of guilty for attempted rape in Specification 1 of Charge I and for attempted aggravated sexual contact in Specification 2 of Charge I where the government failed to prove beyond a reasonable doubt that appellant had the specific intent to commit the offenses.
II. The evidence is legally and factually insufficient to support the findings of guilty for rape in Specification 1 of Charge II and for aggravated sexual contact in Specification 2 of Charge II.
III. The military judge abused his discretion when he admitted, over appellant’s objection, the expert testimony of a breathalyzer specialist to rebut the testimony of appellant’s expert on alcohol, its effects on the human brain and body, and on male physiology.

This week at the AFCCA: The Air Force CCA will hear oral argument in two cases this week: United States v. Yarber on Wednesday, January 15, 2014, at 10 a.m., and United States v. Buford on Thursday, January 16, 2014, also at 10 a.m. No additional information is posted on the CCA’s website.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

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