Significant military justice event this week: The Judicial Proceedings Panel will hold a public meeting on Friday, January 22, 2016, beginning st 9 a.m., at the Holiday Inn Arlington at Ballston, 4610 N. Fairfax Drive, Arlington, Virginia 22203. Additional details are available here.
This week at SCOTUS: The Court denied the cert petition in Arness.
A request for an extension of time to file a cert petition was filed in Akbar v. United States. In United States v. Akbar, 74 M.J. 364 (C.A.A.F. Aug 19, 2015) (CAAFlog case page), CAAF narrowly affirmed Sergeant Akbar’s death sentence for his attack on his fellow soldiers in Kuwait in 2003. Akbar is one of only six military death row inmates: Gray, Loving, Akbar, Witt, Hennis, and Hasan.
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking five cases:
- Katso v. United States, No. 14-5008 (pet. for cert. filed on Sept. 25; resp. due Feb. 3) (CAAFlog case page)
- Schloff v. United States, No. 15-0294 (SG waived right to resp., pend. conf. on Jan. 15) (CAAFlog case page)
- Sullivan v. United States, No. 15-0186 (resp. requested by Court, due Jan. 29) (CAAFlog case page)
- Arness v. United States, No. 15-7160 (pet. denied on Jan. 11) (CAAFlog case page)
- Akbar v. United States (req. for ext. of time to file cert. pet filed on Jan. 13) (CAAFlog case page)
This week at CAAF: The next scheduled oral argument date at CAAF is February 23, 2016.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, January 21, 2016, at 10 a.m.:
United States v. Crews, No. 20130766
I. Whether the military judge erred in instructing the panel that indecent exposure was a lesser included offense to indecent act.
II. Whether the evidence is factually sufficient to sustain the finding of guilty on the specification of Charge I (sexual abuse of a child).
III. Were appellant’s trial defense counsel ineffective by: 1) failing to object to Mrs. KC’s testimony repeating her daughter’s out-of-court statement that appellant had inappropriately touched her (see R. at 148); and 2) during the cross examination of DH, eliciting from DH that he made prior statements that appellant had touched KG, without requesting a limiting instruction from the military judge that such statements could not be considered for their truth?
This week at the AFCCA: The Air Force CCA will hear oral argument in one case this week: United States v. Peterman, No. 38705, at 2 p.m. on Friday January 22, 2016. No additional information is available on the CCA’s website.
This week at the CGCCA: The Coast Guard CCA’s oral argument schedule shows no scheduled oral arguments.
This week at the NMCCA: The NMCCA’s website shows no scheduled oral arguments.