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 two cases this week, both on Tuesday, March 17, 2015, beginning at 9 a.m.:

United States v. Ward, No. 15-0059/NA (CAAFlog case page)

Issue: The convening authority issued an instruction that limited court-martial member nominations to personnel only in the pay grades between E-7 and O-5. The lower court found this systematic exclusion of personnel to be error, but harmless. Should this court set aside appellant’s convictions based on the rationale of United States v. Kirkland due to the unresolved appearance of unfairness?

Case Links:
NMCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

United States v. Nettles, No. 14-0754/AF (CAAFlog case page)

Issue: Whether the Air Force had personal jurisdiction over Appellant at the time of his trial.

Case Links:
AFCCA opinion
Blog post: The AFCCA rejects constitutional protections for threesomes
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

 This week at the ACCA: The Army CCA will hear oral argument in two cases this week:

Tuesday, March 17, 2015, at 10 a.m.:

United States v. Jackson, No. 20120159

Issues:
I. Whether Charge I should be dismissed as it fails to state an offense because an overt act in furtherance of a conspiracy cannot occur after the crime conspired to is complete? See United States v. Grunwald, 353 U.S. 391, 400 (1957).
II. Whether the military judge committed plain error by permitting one special agent to act as a human lie detector?

Wednesday, March 18, 2015, at 10 a.m.:

United States v. Fowler, No. 20121079

Issue: Whether the military judge violated PFC Fowler’s constitutional right against double jeopardy when he found PFC Fowler “not guilty” of desertion and subsequently found PFC Fowler guilty of desertion after allowing the government to introduce evidence.

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 April 30, 2015.

2 Responses to “This Week in Military Justice – March 15, 2015”

  1. Burt Macklin says:

    Looks like a typo in the date for the CAAF arguments scheduled for tomorrow.  Ward & Nettles are March 17th (Tuesday/St. Patrick’s Day!), not the 19th.  Éirinn go Brách!

  2. Zachary D Spilman says:

    Typo indeed. Thank you Burt. Corrected.