This week at SCOTUS: The Solicitor General waived the right to respond to the cert. petition in Sterling. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:
- Howell v. United States, No. 16-536 (resp. requested, due Jan. 23) (CAAFlog case page)
- Sterling v. United States, No. 16-814 (pet. filed Dec. 23, resp. waived Jan. 4) (CAAFlog case page)
This week at CAAF: CAAF will hear oral argument in four cases this week:
Tuesday, January 10, 2017, at 9:30 a.m.:
United States v. Davis, No. 16-0306/AR (CAAFlog case page)
Issue: Whether the Army Court of Criminal Appeals erred in refusing to apply de novo review for failure to instruct on an affirmative defense raised by the evidence, and instead found forfeiture and applied a plain error analysis, contrary to this court’s precedents in United States v. Taylor, 26 M.J. 127 (C.M.A. 1988); United States v. Davis, 53 M.J. 202 (C.A.A.F. 2000); and United States v. Stanley, 71 M.J. 60 (C.A.A.F. 2012).
• ACCA opinion (75 M.J. 537)
• Blog post: The ACCA tackles the standard of review for instructions not given
• Appellant’s brief
• Appellee’s (Government) brief
• Blog post: Argument preview
United States v. Lopez, No. 16-0487/AR (CAAFlog case page)
Issue: Whether the military judge erred by admitting the testimony of appellant’s wife, Mrs. CL, who testified that appellant’s apology to his stepson meant that appellant was “loosely admitting guilt” to criminal conduct, and by also admitting the testimony of Ms. NM, who testified that appellant “had probably raped” his wife because Mrs. CL had recently researched “spousal rape” on the internet.
Wednesday, January 11, 2017, at 9:30 a.m.:
United States v. Price, No. 16-0611/AF (CAAFlog case page)
Issue: Whether the military judge abused his discretion by forcing appellant to admit to misconduct greater than was necessary for a provident plea.
United States v. Shea, No. 16-0530/AF (CAAFlog case page)
I. Whether the Court of Criminal Appeals erred on remand when, over appellant’s timely objection, this case was assigned to a panel that did not include all three of the judges from the original decision.
II. Whether a reasonable observer would question the impartiality or independence of the Court of Criminal Appeals after witnessing the removal of Judge Hecker from this case on remand following the Government’s allegations that her impartiality has been impaired by the decision of the Judge Advocate General, who is himself part of the Government, to assign her to perform non-judicial additional duties within the government.
This week at the ACCA: The next scheduled oral argument at the Army CCA is on January 25, 2017.
This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Cox on Thursday, January 12, at 4 p.m. at the Ohio State University Moritz College of Law, 55 West 12th Ave, Columbus OH 43210. 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 15, 2017.