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:

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

Issues:
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.

One Response to “This Week in Military Justice – June 8, 2014”

  1. Rkincaid3 (RK3PO) says:

    It is hard to fell sympathy for child pornographers.  So i don’t expect much from this petiotion for cert.  But I sure wish one of the many silly military sex assault convictions out there would go to the SCOTUS.  I would love to see if the high court would continue to grant its tradtional wide discretion to Congress by finding that the new Art 120 is too rough a justice article.  This current model of “rough justice” is so rough on the concept of justice that it approaches the level of “insane violence” done to the traditional concepts of justice (in the civilian world) that made our Anglo-American legal system so unique–and generally just–and popularly supported. 
     
    My biggest concern is that the at some point, eventually, modern Americans will decline in the future to volunteer to serve in a system that so departs from what is expected of a “just” justice system.  Eventually the country would in that situations would have to resort to a draft, and while a draft would have its advantages in spreading the burden of military service across most of America’s socio-economic levels, it wouldn’t resolve the problem with Congress screwing the service member with silly military justice statutes.