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

This week at CAAF: The next scheduled oral argument at CAAF is on April 9, 2014. This will be a project outreach oral argument held at Florida International University College of Law in Miami, Florida.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on April 2, 2014.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Lovely on Thursday, March 27, 2014, at 10 a.m. No other information about the case is available 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 will hear oral argument in United States v. Henderson on Wednesday, March 26, 2014, at 10 a.m.

Case summary: In a mixed pleas case, a panel of officers sitting as a general court-martial convicted the appellant, contrary to his pleas, of one specification of attempted wrongful sexual contact and one specification of wrongful sexual contact, as a lesser-included offense to the charged offense of aggravated sexual assault, in violation Articles 80 and 120, UCMJ, 10 U.S.C. §§ 880, 920 (2008). The same panel convicted the appellant, pursuant to his plea, of one specification of fraternization, in violation of Article 92, UCMJ, 10 U.S.C. § 892 (2008). The members sentenced the appellant to confinement for three months, forfeiture of all pay and allowances, and dismissal from the naval service. The convening authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed.

Issue: Whether the military judge abused his discretion by failing to instruct the members on consent where some evidence of consent was raised by the alleged victim’s testimony that she willingly accompanied the appellant to a secluded part of the ship, that she kissed the appellant consensually, and that she did not tell the appellant to stop until after the appellant lifted her shirt and began kissing her breasts?

One Response to “This Week in Military Justice – March 23, 2014”

  1. Michael Lowrey says:

    The issues in Lovely, which is being argued at Maxwell Air Force Base, Alabama:
    ISSUE I – THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED, OVER DEFENSE OBJECTION, TWO OF APPELLANT’S STATEMENTS TO AIR FORCE OFFICE OF SPECIAL INVESTIGATIONS (AFOSI) AGENTS WHO DID NOT APPRISE HIM OF HIS RIGHTS PURSUANT TO ARTICLE 31(b), UNIFORM CODE OF MILITARY JUSTICE (UCMJ), ALTHOUGH SUFFICIENT INFORMATION EXISTED TO REASONABLY SUSPECT APPELLANT WAS INVOLVED IN THE DEATH OF HIS CHILD.
    ISSUE II – THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED INTO EVIDENCE, OVER DEFENSE OBJECTION, THREE OF APPELLANT’S STATEMENTS TO AFOSI AGENTS, DESPITE HIS UNEQUIVOCAL REQUEST FOR AN ATTORNEY.