This week at SCOTUS: A cert petition was filed in Finch v. United States, No. 13-1440, on June 3, 2014. In the Air Force case of United States v. Finch, 73 M.J. 144 (C.A.A.F. Mar. 6, 2014) (CAAFlog case page), CAAF narrowly affirmed the decision of the Air Force CCA, rejecting the appellant’s claim that the maximum authorized confinement for his child pornography offenses was just eight months and finding no substantial basis to question the providence of his pleas of guilty to possession and distribution of child pornography in violation of clauses 1 and 2 of Article 134.
I’m not aware of any other military justice developments at the Supreme Court, where I’m now tracking two cases:
- Hornback v. United States, No. 13A1138 (extension of time to file cert petition granted until Jun. 24)
- Finch v. United States, No. 13-1440 (cert petition filed on Jun. 3)
This week at CAAF: CAAF has finished its oral argument schedule for the September 2013 Term.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, at 10 a.m. on Thursday, June 12, 2014:
United States v. Keefauver, No. 20121026
I. Whether the finding as to the specification of Charge I was sufficient as a matter of fact and law because SPC Keefauver could not have constructively possessed the box containing marijuana.
II. Whether the military judge abused his discretion when he failed to suppress all evidence after the box was found.
III. Whether the military judge erred when he admitted into evidence, over defense objection, marijuana found during a search of first class mail that was not covered by a warrant in violation of the fourth amendment.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on June 18, 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 next scheduled oral argument at the Navy-Marine Corps CCA is on June 26, 2014.