This week at SCOTUS: The cert. petition in Sullivan was distributed for conference on September 26. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:
- Sullivan v. United States, No. 15-0186 (pend. conf. on Sep. 26) (CAAFlog case page)
- Akbar v. United States, No. 15-1257 (pet. filed on Apr. 7; resp. due July 8) (CAAFlog case page)
This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.
This week at the ACCA: The next scheduled oral argument at the Army CCA is on July 12, 2016.
This week at the AFCCA: I’m unable to access the Air Force 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 Navy-Marine Corps CCA will hear oral argument in one case this week, on Tuesday, June 21, 2016, at 10 a.m.:
United States v. Ellis
Case summary: A panel of members with enlisted representation sitting as general court-martial convicted the appellant, contrary to his pleas, of two specifications of rape, two specifications of sexual assault, three specifications of abusive sexual contact, and three specifications of assault consummated by a battery, in violation of Articles 120 and 128, UCMJ, 10 U.S.C. §§ 920, 928 (2012). The members sentenced appellant to two years’ confinement, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed. The issue to be argued before this Court is as follows:
Issue: WHETHER THE MILITARY JUDGE ERRED IN DENYING THE APPELLANT HIS RIGHT TO CONFRONT HIS ACCUSERS ABOUT VICTIM/VICTIM ADVOCATE DISCUSSIONS PURSUANT TO THE SIXTH AMENDMENT, U.S. CONST., M.R.E. 608(C) AND M.R.E. 514(D)(3).