Significant military justice event this week: As discussed in this post, the next meeting of the Response Systems to Adult Sexual Assault Crimes Panel will occur on Thursday, January 30, at The George Washington University Law School,  beginning at 8:30 a.m.

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF will hear oral argument in once case this week, on Tuesday, January 28, 2014:

United States v. Janssen, No 14-0130/AF (CAAFlog case page)

Issue: Whether the civilian judge on Appellant’s Air Force Court of Criminal Appeals panel was properly appointed.See U.S. Const. Article II, Section 2, Clause 2; 10 U.S.C. § 113 (2012); 5 U.S.C. § 3101 (2012).

Case Links:
• AFCCA opinion
• AFCCA opinion on reconsideration
Blog post: CAAF to review the AFCCA’s Appointments Clause issue
Appellant’s brief
Appellee’s (Government) first brief
CAAF’s order of January 16, 2014
Blog post: The soybel’s go rolling along
• Blog post: A hard look at the Government brief rejected by CAAF
• Appellee’s (Government) second brief

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, January 29, 2014, at 10 a.m.:

United States v. Turner, No. 20120504

Issues:
I. [Whether t]he evidence is factually and legally insufficient to find appellant guilty of violating a lawful general regulation (the specification of Charge I) because the prohibition against using a cellular phone while driving is meant for phones being used as actual phones, not as music players.
II. [Whether t]he enumerated offense of Article 111, UCMJ, preempts prosecution of the Article 134, UCMJ, offense alleged in specification 2 of Charge III, because Article 111, UCMJ, directly addresses the actions charged under Article 134, UCMJ.

This week at the AFCCA: According to the court’s website, the next scheduled oral argument at the Air Force CCA is on February 4, 2014. However, I’ve been told that the oral argument in the en banc reconsideration of the capital case of United States v. Witt, No. 36785 (discussed in this post), will occur on Tuesday, January 28, 2014. I’ll post any additional information that I receive.

Update: A reader informs me that the AFCCA’s website now shows that the court will hear oral argument in Witt on Tuesday, January 28, 2014, at 10 a.m. Additionally, the court will hear oral argument in United States v. Seton on Wednesday, January 29, 2014, at 10 a.m.

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.

3 Responses to “This Week in Military Justice – January 26, 2014”

  1. Michael Lowrey says:

    Two observations:
    1. Oral argument may not be a lot of fun for the government counsel in Janssen.
    2. AFCCA oral arguments that show up on their website on short notice are often interlocutory appeals.

  2. Ama Goste says:

    Today’s WaPo has a second (see AFCapt post above) front-page, above-the-fold article on the senior military misconduct debacle:
    http://www.washingtonpost.com/world/national-security/pentagon-investigations-point-to-military-system-that-promotes-abusive-leaders/2014/01/28/3e1be1f0-8799-11e3-916e-e01534b1e132_story.html