Correction (10 Feb): Blouin will be argued on Tuesday, and Castillo will be argued on Wednesday.

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 four cases this week:

Tuesday, February 10, 2015

United States v. Arness, No. 14-8014/AF (CAAFlog case page)

Issue: Whether the United States Air Force Court of Criminal Appeals had jurisdiction to entertain a writ of error coram nobis where there was no statutory jurisdiction under Article 66(b)(1), UCMJ, on the underlying conviction and the case was not referred to the Court of Criminal Appeals by the Judge Advocate General under Article 69(d)(1), UCMJ, and where the Court of Criminal Appeals relied on potential jurisdiction under Article 69(d), UCMJ, as its basis for entertaining the writ (citing Dew v. United States, 48 M.J. 639 (Army Ct. Crim. App. 1998)).

Case Links:
AFCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Blog post: Two interesting grants and a really interesting order from CAAF
Blog post: Argument preview

United States v. Blouin, No. 14-0656/AR (CAAFlog case page)

Issue: Whether the military judge erred by accepting Appellant’s pleas of guilty to the specification of the charge where Prosecution Exhibit 4 demonstrated that the images possessed were not child pornography.

Case Links:
ACCA opinion
Blog post: ACCA furthers a broader definition of what CP is
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

Wednesday, February 11, 2015

United States v. Castillo, No. 14-0724/NA (CAAFlog case page)

Issue: Whether the lower court improperly determined that duty to self-report one’s own criminal arrests found in Office of the Chief of Naval Operations Instruction 3120.32c was valid despite the instruction’s obvious conflict with superior authority and the Fifth Amendment.

Case Links:
NMCCA opinion
Blog post: The Return of Self-Reporting? NMCCA Reverses Course on Serianne
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

United States v. Carter, No. 14-0792/AR (CAAFlog case page),

Issue: Whether the military judge abused her discretion by preventing defense counsel from presenting facts of appellant’s unlawful pretrial punishment as mitigation evidence at sentencing.

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

This week at the ACCA: The next scheduled oral argument at the Army CCA is on February 18, 2015.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 17, 2015.

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’s website shows no scheduled oral arguments.

One Response to “This Week in Military Justice – February 8, 2015”

  1. TC says:

    Still waiting for the court’s opinion on my issue.  I recently found out that my appellant counsel did not appeal two of my convictions as I asked him too (I have emails confirming I asked him).  I’ve been out since 2008.  Wonder why it’s taking so long.
     
    Interesting what they would do, ideally the appeal should be re-briefed – but would I have to be ordered back on AD?