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 one case this week, on Wednesday, April 9, 2014. This will be a project outreach oral argument held at Florida International University College of Law in Miami, Florida.

United States v. Jones, No. 14-0071/AR (CAAFlog case page)

Issue: Whether the military judge abused his discretion when he denied the defense’s motion to suppress appellant’s statement to the military police.

Case Links:
• ACCA opinion (summary affirmation)
• Appellant’s brief
• Appelllee’s (Government) brief
• Amicus brief
• Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on May 28, 2014.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on April 23, 2014.

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 one case this week, on Thursday, April 10, 2014:

United States v. Evans 

Case summary: A panel of members sitting as a general court-martial, convicted appellant, contrary to his plea, of one specification of possession of child pornography in violation of Article 134, UCMJ, 10 U.S.C. § 934 (2012). The members sentenced appellant to eighteen months confinement and a dishonorable discharge. The Convening Authority approved the sentence as adjudged and, except for the dishonorable discharge, ordered it executed.

Issues:
I. The constitution protects an accused’s right to a speedy trial. Here, Petty Officer Evans suffered prejudice from pretrial delay due to administrative and manpower constraints. Did this violate his constitutional right to a speedy trial?
II. After withdrawing a charge from a court-martial, a convening authority may not refer the withdrawn charge to another court-martial unless the withdrawal was for a proper reason. Here, though the withdrawal was solely due to prosecutorial ineptitude, the military judge allowed the convening authority re-refer. Did this error prejudice Petty Officer Evans?

2 Responses to “This Week in Military Justice – April 6, 2014”

  1. Brian Bouffard says:

    Is there such a thing as judicially-recognized “prosecutorial ineptitude” that gives rise to anything more than “harmless beyond a reasonable doubt?”

  2. phil cave says:

    Brian, judicially recognized? – then arguably, “significant prosecutorial misconduct occurred.”  See United States v. Hornback, 73 M.J. 155 (C.A.A.F. 2014).