Significant military justice events this week:

The Code Committee meets on Tuesday, March 1, 2016, at 10 a.m. at CAAF. Announcement here.

CAAF’s 2016 Continuing Legal Education is on Wednesday and Thursday, March 2-3, 2016, at American University, Washington College of Law, Claudio Grossman Hall. Registration information available here.

This week at SCOTUS: The Government filed its brief in opposition to the cert petition in Katso. A copy is available here. I’m not aware of any other 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 March 15, 2016.

This week at the ACCA: The Army CCA’s website is not accessible to the public (discussed here). However, I can report that the CCA will hear oral argument in one case this week, on Friday, March 4, 2016, at 10 a.m.:

United States v. Gibbs, No. 20110998

I. Whether the convening authority abused his discretion by denying the defense request for a post-trial hearing because the defense claim supporting the request was not unsubstantiated.
II. Whether the government violated appellant’s due process rights by failing to disclose material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963).

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

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 March 10, 2016.

One Response to “This Week in Military Justice – February 29, 2016”

  1. Phil Stackhouse says:

    In case you want more of the Gibbs appellate issue.  Disclosure: I was Cal Gibbs’ civilian counsel at trial.  There is newly discovered exculpatory evidence after the government dismissed premeditated murder charges against an alleged named co-conspirator of Gibbs, who also had impeachment evidence against the governments main witness against Gibbs.  Further, after completing the court and obtaining a conviction of another alleged named co-conspirator, the government granted the alleged co-conspirator immunity and interviewed him.  We alleged exculpatory and impeachment evidence was obtained during the interview with CID and prosecutors and they refused to turn over any evidence from the interview, save the prosecutor writing a self-serving affidavit to the convening authority.  ACCA granted oral argument on these two issues of the several filed.