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, May 12, 2015, beginning at 9 a.m.:
United States v. Sullivan, No. 15-0186/CG (CAAFlog case page)
I. Whether the Government carried its burden of proving that the convening authority’s categorical exclusion of all flag officers was harmless.
II. Whether the military judge abused his discretion in denying challenges from both parties to his impartiality based on prior personal relationships with individual military counsel, the accused, trial counsel, several members, several witnesses, and the staff judge advocate.
United States v. Quick, No. 15-0347/MC (CAAFlog case page)
Issue: Whether precedent authorizing courts of criminal appeals to order sentence-only rehearings should be overruled based on: (a) Jackson v. Taylor, 353 U.S. 569 (1957), which stated “no [such] authority” exists; (b) the plain language of the statute including the conjunctive “findings and sentence” in Article 66(d) in contrast to authority granted the judge advocates general in Article 69(a) to act with respect to “findings or sentence or both” and the convening authority in Article 60(f)(3) to order sentence rehearings; and, (c) judicial economy.
• NMCCA opinion
• Blog post: Analysis of NMCCA opinion
• Appellant’s (Government) brief
• Appellee’s brief
• Appellant’s (Government) reply brief
• Amicus brief: Air Force Appellate Defense Division
• Amicus brief: Air Force Appellate Government Division
• Amicus brief: Goast Guard Appellate Government Division
• Blog post: Argument preview
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, May 14, 2015, at 9:30 a.m.:
United States v. Hills, No. 20130833
Issue: Whether the military judge abused his discretion by granting the Government’s motion to use the charged sexual misconduct for Military Rule of Evidence 413 purposes to prove propensity to commit the charged sexual conduct.
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’s website shows no scheduled oral arguments.