This week at SCOTUS: The petitioner in Katso filed a reply brief (available here) in support of the cert. petition. The Solicitor General received another extension to respond to the cert. petition in Sullivan.

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

This week at CAAF: CAAF will hear oral argument in two cases this week, both on Tuesday, March 15, 2016, beginning at 9:30 a.m.:

United States v. Clark, No. 16-0068/NA (CAAFlog case page)

Issues:
I. Article 66(c), UCMJ, requires that courts of criminal appeals conduct a plenary review of the entire record and “recogniz[e] that the trial court saw and heard the witnesses.” in reversing appellee’s convictions for factual insufficiency without acknowledging the military judge’s non-guilt special findings did the lower court fail to conduct a complete Article 66(c) review?
II. In conducting its factual sufficiency review, the lower court used a different standard of review for the non-guilt special findings made by the military judge under Rule for Courts-Martial 918(b) than that adopted by the Army and Air Force Courts of Criminal Appeals. should the lower court have reviewed the military judge’s non-guilt special findings under the clear error standard adopted by the Army and Air Force Courts of Criminal Appeals?

Case Links:
NMCCA opinion
Blog post: An appellant’s sex assault convictions are reversed, but he isn’t released from confinement (yet)
Blog post: The Navy JAG certifies Clark
Appellant’s (Government) brief
Appellee’s brief
Appellant’s reply brief
Blog post: Argument preview

United States v. Rogers, No. 16-0006/CG (CAAFlog case page)

Issue: Whether the military judge erred in denying the implied bias challenge against CDR K in light of her various professional and personal experience with sexual assault.

Case Links:
CGCCA opinion
Blog post: CAAF grants review of an implied bias challenge of a member
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The Army CCA’s website is still not accessible to the public (discussed here). I’m not aware of any scheduled oral arguments at the Army CCA.

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 Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

One Response to “This Week in Military Justice – March 13, 2016”

  1. Concerned Defender says:

    Anyone else irritated that the ACCA site, JAGCNET, and other .gov sites are not accessible to the public?  And what is taking them so long to fix their situation?  Heck a bank has need for tighter security than the JAG Corp, and banks are up and running overnight…