This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on February 23, 2016.

This week at the ACCA: I’m unable to access the Army CCA’s website.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Barnes, No. 38720, on Wednesday, February 17, 2016, at 2 p.m. 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 next scheduled oral argument at the Navy-Marine Corps CCA is on February 24, 2016.

15 Responses to “This Week in Military Justice – February 14, 2016”

  1. The Silver Fox says:

    RIP, Justice Antonin Scalia.  

  2. John L. says:

    Beautiful tribute to Justice Scalia by his colleagues in USA Today. My favorite–RBG’s poignant words. A model friendship worthy of emulation by all of us who do battle in the courtroom, and share a beer together when it’s all over.

  3. The Silver Fox says:

    Great post.  

  4. The Silver Fox says:

    With Justice Scalia sadly gone, Melendez Diaz, Bullcoming, and Williams v. Illinois are all in severe jeopardy.  I’m sure we’ll soon be welcoming back the U.S. v. Magyari regime.  Think about that, defenders.

  5. k fischer says:

    Silver Fox,
     
    You forgot about that pesky opinion Scalia authored, Crawford v. Washington, which I am sure Claire McCaskill will write the opinion to overturn when she is appointed to SCOTUS.  It is consistent with that whole “start by believing” mantra, she, Gillibrand, Speier, Boxer, HRC, and members of POD and RAINN chant when they are in the tombs getting other people to drink the Kali Ma Shakti de [alleged victim’s never lie] koolaid.
     
    For your viewing pleasure, this is a story about a client of mine who was falsely accused, and was kept as a suspect by CPD even after he was released from jail, exonerated by DNA, and the charges against him dropped, until the victim was murdered by the guy who actually raped her:  http://www.wtvm.com/story/31201070/wtvm-special-report-wrongly-accused  I’m thinking of proposing at the next city council’s meeting that Columbus change its name to Keystone, Georgia.
     

  6. The Silver Fox says:

    Crawford was unanimous, so I think you’re okay there.

  7. stewie says:

    I’d prefer to think about, as a “defender” that the guy who said that actual innocence doesn’t matter in DP cases so long as the illusion of due process was given is no longer on the bench.
     
     

  8. The Silver Fox says:

    That’s not at all what Scalia said, Stewie.  Maybe go re-read his concurrence in Herrera v. Collins.  And the 6-3 majority’s holding too.

  9. stewie says:

    It most certainly is. He didn’t say the word “illusion,” that’s my characterization admittedly, but the reality is, at the end of the day, he’s fine with a person who is actually innocent being executed because the Constitution doesn’t protect that scenario where an innocent person gets due process, exhausts his appeals but then later evidence comes to light that he is innocent.
     
    Or how about the case where he cites a specific murder as justification for the DP, and then later that guy gets released because DNA evidence shows he didn’t do it?  He made plenty of horrendous decisions about cases that involved “defenders” that the few where he was helpful (mostly search and seizure cases) don’t remotely make me miss him, because guess what, the justice that sits thanks to Obama/Hillary/Bernie will vote that way too…and more.

  10. The Silver Fox says:

    Easy, tiny dancer.  Don’t count your chickens.

  11. stewie says:

    I’m not counting chickens, I’m looking at the pretty clear demographic advantages the eventual Dem candidate will have in the EC plus the high likelihood that Cruz or Trump end up the nominee…but even if it’s Bush or Rubio, it’s still Obama-Romney Part Deux.

  12. The Silver Fox says:

    And here I thought I could give up CAAFlog for Lent.

  13. k fischer says:

    Easy, tiny dancer.  Don’t count your chickens.
     

    Carnac the magnificent says: “What does a woman say to indicate her lack of consent to a naked silver haired man standing in her bedroom holding a glass of water and little blue pill?”

  14. k fischer says:

    Stewie,
     
    Tiny dancer doesn’t count chickens.  Tiny dancer counts the headlights on the highway………

  15. stewie says:

    Mmmmm…chicken.