This week at SCOTUS: As noted here, a cert. petition was filed in Dalmazzi last week. Additionally, SCOTUSblog now has a case page (here) for Sterling with links to amicus briefs . I’m not aware of any military justice developments at the Supreme Court, where I’m tracking two cases:
- Howell v. United States, No. 16-536 (resp. requested, due Feb. 22) (CAAFlog case page)
- Sterling v. United States, No. 16-814 (resp. requested, due Feb. 13) (CAAFlog case page) (SCOTUSblog page)
- Dalmazzi v. United States, No. 16-961 (cert. pet. filed Feb. 2) (CAAFlog case page)
This week at CAAF: CAAF will hear oral argument in two cases this week, on Tuesday February 7, 2017, beginning at 9:30 a.m. (the court did not schedule any arguments for the Feb. 8 session):
United States v. Ortiz, No. 16-0671 (CAAFlog case page)
I. Whether United States Court of Military Commission Review Judge, Martin T. Mitchell, is statutorily authorized to sit as one of the Air Force Court of Criminal Appeals judges on the panel that decided Appellant’s case.
Amended Issue: II. Whether Judge Martin T. Mitchell’s Service on both the Air Force Court of Criminal Appeals and the United States Court of Military Commission Review violates the Appointments Clause given his status as a principal officer on the United States Court of Military Commission Review.
Specified Issue: III. Whether Judge Martin T. Mitchell was in fact a principal officer following his appointment by the President to the United States Court of Military Commission Review in light of the provisions of 10 U.S.C. § 949b(4)(c) and (d), authorizing reassignment or withdrawal of appellate military judges so appointed by the Secretary of Defense or his designee.
• AFCCA opinion
• Blog post: CAAF picks a replacement for Dalmazzi
• Appellant’s brief
• Appellee’s (A.F. App. Gov’t Div.) brief
• Amicus Curiae Brief: Army Appellate Government Division
• Amicus Curiae Brief: Navy-Marine Corps Appellate Government Division
• Amicus Curiae Brief: Military Commissions Defense Organization (& Appendix)
• Blog post: Argument preview
United States v. Oliver, No. 16-0484/AF (CAAFlog case page)
Issue: Whether wrongful sexual contact was a lesser-included offense of abusive sexual contact.
This week at the ACCA: The Army CCA will hear oral argument in one cases this week, on Wednesday, February 8, 2017, at 1:30 p.m. The argument will be heard at the University of Tennessee School of Law:
United States v. Mayo, No. 20140901
Issue: [Whether] the military judge erred in denying the implied bias challenge of a panel member whose wife was a victim of domestic violence and whose uncle-in-law was murdered by a perpetrator who escaped punishment.
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 February 15, 2017.