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 three cases this week:

Monday, April 28, 2014, at 9:30 a.m.:

United States v. Moon, No. 13-0536/AR (CAAFlog case page)

Issues:
I. Whether Specification 2 of the Additional Charge is void for vagueness because Appellant was not given fair notice that the charged conduct of possessing “multiple images of nude minors and persons appearing to be nude minors” was forbidden and subject to criminal action.
II. Whether there is a substantial basis in law to question Appellant’s guilty plea to Specification 2 of the Additional Charge, which alleges that Appellant possessed “multiple images of nude minors and persons appearing to be nude minors.”

Case Links:
• ACCA opinion
• Appellant’s Brief
• Appellee’s (Government) Brief
• Blog post: Argument preview

Followed by:

United States v. Davenport, No. 13-0573/AR (CAAFlog case page)

Issue:
Whether the omission of testimony from a trial transcript renders the transcript non-verbatim and therefore subject to the remedy in R.C.M. 1103(f)(1) where the witness’s testimony is only relevant to an offense of which appellant has been acquitted; or, whether such omission should be addressed under R.C.M. 1103(b)(2)(a) (requirement for a complete record) and thus tested for whether the presumption of prejudice has been rebutted. See United States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013); United States v. Henry, 53 M.J. 108 (C.A.A.F. 2000).

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

Tuesday, April 29, 2014, at 9:30 a.m.:

United States v. Cimball Sharpton, No. 14-0158/AF (CAAFlog case page)

Issue:
Whether the Air Force court abused its discretion in finding the evidence legally sufficient to support a conviction for larceny from the Air Force.

Case Links:
• AFCCA opinion (72 M.J. 777)
• Blog post: AFCCA explains that larceny charges involving credit cards aren’t that complicated. . .
• CAAF grants review in Cimball Sharpton
• Appellant’s brief
• Appelllee’s (Government) brief
• Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on May 8, 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 no scheduled oral arguments at the Coast Guard CCA.

This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on May 15, 2014.

One Response to “This Week in Military Justice – April 27, 2014”

  1. Dew_Process says:

    While not a military justice case, there are 2 cases on the SCOTUS docket for argument tomorrow that deal with the seizure and search of “smartphones.”  Prof. Jeff Fisher, of Crawford, et al., fame will be arguing the first one, Riley v. California.  Here’s more and you can back-link to the Briefs and numerous amici curiae Briefs.
     
    http://www.scotusblog.com/2014/04/argument-preview-police-and-cellphone-privacy/
     
    For anyone currently litigating this issue regardless of which side of the aisle you’re on, I suggest that you study the Briefs in Riley to get a feel for the arguments / counter-arguments and to incorporate such into your pleadings.