This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking three cases:

This week at CAAF: The next scheduled oral arguments at CAAF are on April 25, 2017.

This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments. However, I’m aware of one oral argument scheduled for Wednesday, April 12, 2017, at 10 a.m.:

United States v. Kelly, No. 20150725

Issues:
I. Whether the military judge improperly instructed the members on the offense of abusive sexual contact by omitting the standard instructions on the prosecution’s burden and shifting the burden to the defense to prove appellant’s innocence.

II. Whether the military judge improperly instructed the members on the offense of sexual assault by omitting the standard instructions on the prosecution’s burden and shifting the burden to the defense to prove appellant’s innocence.

[III]. Whether the defense request for a mistrial should have been granted.

[IV]. Whether it was ineffective assistance of counsel for defense counsel to waive the causal challenge of the senior member by failing to use the defense peremptory challenge.

Disclosure: I represent the appellant in my civilian capacity. 

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on April 18, 2017.

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 May 2, 2017.

2 Responses to “This Week in Military Justice – April 9, 2017”

  1. curious counsel says:

    Why are issues II and IV in brackets?

  2. Zachary D Spilman says:

    Because they are issues VII and VIII in the briefs (but only four issues are set for oral argument). For no good reason, I’m not consistent about such renumbering when I write TWIMJ. 

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