This week at SCOTUS: A cert petition was filed in McMurrin v. United States, No. 14-262, on August 29, 2014. I discussed the petition and the history of the case in this post. The Government’s response is due on October 6. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking seven cases:

This week at CAAF: CAAF will hear the first oral argument of the 2014 term on Tuesday, September 9, 2014, at 9:30 a.m.:

United States v. Vargas, No. 14-6009/MC (CAAFlog case page)

Issue: Whether the Navy-Marine Corps Court of Criminal Appeals erroneously interpreted Article 62, UCMJ, to allow a Government appeal of the military judge’s denial of a continuance request as well as the military judge’s order resting the Government’s case.

Case Links:
NMCCA opinion
Blog post: The NMCCA finds that Article 62 authorizes appeals of recesses
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on September 16, 2104.

This week at the AFCCA: The Air Force CCA will hear oral argument in the Article 62 appeal of United States v. Bowser, No. 2015-08, on Wednesday, September 10, 2014, at 10 a.m. The case involves dismissal of sexual assault charges due to Government discovery violations (discussed in this post).

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 Wednesday, September 10, 2014, at 10 a.m.:

United States v. Riggins

Case Summary: A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of two specifications of violating a lawful general order, making a false official statement, and adultery, in violation of Articles 92, 107, and 134, UCMJ, 10 U.S.C. §§ 892, 907, 934 (2006). The appellant was convicted, contrary to his pleas, of six specifications of assault consummated by a battery, and one specification of indecent language in violation of Articles 128 and 134, UCMJ, 10 U.S.C. §§ 928 and 934 (2006). The military judge sentenced the appellant to three years confinement, reduction to pay-grade E-1, and a bad-conduct discharge. The convening authority approved the sentence as adjudged, and except for the punitive discharge, ordered the sentence executed.

Issue: Whether the military judge erred when he found that assault consummated by a battery was a lesser-included offense of abusive sexual contact and sexual assault as charged in the additional charge.

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