Significant military justice events this week: The Judge Advocates Association American Inn of Court will hold an event at the George Washington University Law School Lerner Hall on Wednesday, March 25, 2015, at 6:45 p.m. Details here.
Additionally, American University – Washington College of Law will hold a National Security Law Brief Spring Symposium on Tuesday, March 24, 2015, from 2-6 p.m. The topic is “Guns for Hire: The Legal, Policy, and Ethical Implications of the Growing Reliance upon Military Contractors.” CAAF’s Chief Judge Baker will be the keynote speaker, and CAAFlog contributor Mike “No Man” Navarre will be part of a panel discussion on the history of U.S. military contractors post WWII and their expansion. Details here.
This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.
This week at CAAF: The next scheduled oral argument at CAAF is on April 14, 2015 (it will be a Project Outreach argument at Marquette University Law School, Milwaukee, Wisconsin; then, on April 15, CAAF will hear argument at the University of Wisconsin Law School, Madison, Wisconsin).
This week at the ACCA: The Army CCA will hear oral argument in two cases this week, both on Tuesday, March 24:
At 10 a.m.: United States v. JnBaptiste, No. 20121113
I. Whether the evidence is factually and legally insufficient to support the findings of guilty.
II. Whether the military judge committed prejudicial error when he sustained a prosecution objection to a defense cross-examination question in which the defense was seeking to admit appellant’s statement denying an accusation that he “touched” the victim.
At 2 p.m.: United States v. Barnes, No. 20120308
Issue: Whether the military judge abused his discretion by giving a military rule of evidence 413 merits instruction to the panel because no evidence had been admitted by the military judge for 413 purposes.
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 Navy-Marine Corps CCA will hear oral argument in one case this week, on Wednesday, March 25, at 10 a.m.:
United States v. Bass
Case summary: A panel of members with enlisted representation sitting as a general court-martial convicted the Appellant, contrary to his pleas, of one specification of violating a lawful general regulation, two specifications of wrongful sexual contact, and two specifications of sodomy in violation of Articles 92, 125, and 120, UCMJ. The appellant was found not guilty of seven specifications of sexual acts and contacts in violation of Article 120, UCMJ and one specification of assault consummated by a battery in violation of Article 128, UCMJ. He was sentenced to seven years’ confinement, reduction to pay grade E-1, total forfeitures, and a dishonorable discharge. The convening authority approved the sentence as adjudged, and except for the dishonorable discharge, ordered it executed.
I. Whether the military judge erred in instructing the members that consensual sodomy is a lesser-included offense of forcible sodomy.
II. Whether ABE2 Bass was on notice of the alternative crime of consensual sodomy.