This week at SCOTUS: The Court denied certiorari in Howell. The Solicitor General received an extension of time to respond to the cert. petition in Cox, et al. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking four cases:
- Howell v. United States, No. 16-536 (cert. denied Mar. 27, 2017) (CAAFlog case page)
- Sterling v. United States, No. 16-814 (resp. requested, due Apr. 12) (CAAFlog case page) (SCOTUSblog page)
- Dalmazzi v. United States, No. 16-961 (resp. requested, due Apr. 24) (CAAFlog case page)
- Cox, et al., v. United States, No. 16-1017 (pet. filed Feb. 21; resp. due Apr. 26)
This week at CAAF: The next scheduled oral argument at CAAF is on April 4, 2017, at the Notre Dame Law School, Notre Dame, Indiana. Additionally, on April 5, 2017, CAAF will hear oral argument at the Claude W. Pettit College of Law, Ohio Northern University, Ada, Ohio.
This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments.
This week at the AFCCA: The Air Force CCA will hear oral argument in two cases this week, both on March 28, 2017:
At 10 a.m.: United States v. Morales, No. 39018
Issue: WHETHER THE APPLICATION OF EXECUTIVE ORDER 13696 WHICH ELIMINATED THE CON-STITUTIONALLY REQUIRED EXCEPTION TO THE PSYCHOTHERAPIST-PATIENT PRIVILEGE WAS (1) AN ABUSE OF THE MILITARY JUDGE’S DISCRETION OR (2) DEPRIVED APPELLANT OF HIS RIGHT TO CONFRONT HIS ACCUSER, TO COMPULSORY PROCESS, OR TO DUE PROCESS OF LAW.
At 1 p.m.: United States v. Hudson, No. 37249 (rem)
I. WHETHER THE MILITARY JUDGE IMPROPERLY ADMITTED EVIDENCE OF UNCHARGED ALLEGATIONS UNDER MILITARY RULES OF EVIDENCE 414 AND 404(B).
VI. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS DEFENSE COUNSEL: (1) FAILED TO PRESENT EVIDENCE OF APPELLANT’S GOOD CHARACTER DURING THE DEFENSE CASE-IN-CHIEF; (2) FAILED TO PRESENT EVIDENCE OF THE CHARACTER FOR UNTRUTHFULNESS OF THE ALLEGED CHILD VICTIMS (CHARGED AND UNCHARGED), AND; (3) OPENED THE DOOR TO EVIDENCE OF THE PRIOR TRIAL.
Disclosure: I am civilian appellate defense counsel in Hudson.
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 April 5, 2017.