This week at SCOTUS: The Supreme Court denied certiorari in all three military cases. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking three cases:
- Sullivan v. United States, No. 15-0186 (cert. denied on Oct. 3) (CAAFlog case page)
- Akbar v. United States, No. 15-1257 (cert. denied on Oct. 3) (CAAFlog case page)
- Caldwell v. United States, No. 16-209 (cert. denied on Oct. 3) (CAAFlog case page)
This week at CAAF: CAAF will hear oral argument in four cases this week:
Tuesday, October 11, 2016, at 9:30 a.m.:
United States v. Nieto, No. 16-0301/AR (CAAFlog case page)
Issue: Whether the military judge erred in denying Appellant’s motion to suppress the evidence seized from Appellant’s laptop computer.
ACCA opinion (summary disposition)
• Blog post: A(nother) Grostefon grant and a denial
• Appellant’s brief
• Appellee’s (Government) brief
• Appellant’s reply brief
• Blog post: Argument preview
Randolph v. HV. and United States, No. 16-0678/CG (CAAFlog case page)
I. Whether the United States Court Of Appeals for the Armed Forces has jurisdiction over a writ-appeal petition filed by an accused who is seeking review of a court of criminal appeals’ decision rendered pursuant to Article 6b(e), UCMJ.
II. Whether the “confidential commuincations” protected by MRE 513 includes records of diagnosis
• CGCCA opinion
• Blog post: CGCCA opinion analysis
• Blog post: Randolph appeals
• Blog post: CAAF grants
• Petitioner’s (Randolph) brief
• Respondent’s (HV) Answer
• Petitioner’s (Randolph) reply brief
• Respondent’s (HV) brief on specified (jurisdiction) issue
• United States’ brief
• Amicus Curiae brief: Coast Guard Appellate Defense
• Amicus Curiae brief: Air Force Appellate Government
• Amicus Curiae brief: Navy-Marine Corps Appellate Government
• Amicus Curiae brief: Air Force Appellate Defense (joined by Army Appellate Defense and Navy-Marine Corps Appellate Defense)
• Blog post: Argument preview
Wednesday, October 12, 2016, at 9:30 a.m.:
United States v. Sewell, No. 16-0360/AR (CAAFlog case page)
Issue: Whether the trial counsel committed prosecutorial misconduct by making improper argument on the findings.
United States v. Pabelona, No. 16-0214/NA (CAAFlog case page)
Issue: Prosecutors must act within the bounds of propriety. Here, in front of members, the prosecutor expressed his opinion of appellant including, “I think he’s an idiot,” opined on defense-friendly evidence, characterized appellant’s statements as “ridiculous,” vouched for government-friendly evidence, diagnosed appellant as schizophrenic, asked members to disregard defense arguments, and told members that appellant “sleeps in a bed of lies.” Was this plain error?
This week at the ACCA: The next scheduled oral argument at the Army CCA is on November 4, 2016.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on November 22, 2016.
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 October 20, 2016.