This week at SCOTUS: The petition for a rehearing on the denial of certiorari in Howell was distributed for conference on May 11. In other news, an extension of time to file a cert. petition was granted in Ortiz. CAAF’s decision in United States v. Ortiz, 76 M.J. 189 (C.A.A.F. Apr. 17, 2017) (CAAFlog case page), found no error in the participation of a Presidentially-appointed and Senate-confirmed judge of the Court of Military Commission Review (CMCR), who is also an Air Force Colonel, on the CCA panel that reviewed the appellant’s case. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking five cases:
- Sterling v. United States, No. 16-814 (resp. filed. Apr. 12) (CAAFlog case page) (SCOTUSblog page)
- Dalmazzi v. United States, No. 16-961 (resp. requested, due May 15) (CAAFlog case page)
- Cox, et al., v. United States, No. 16-1017 (pet. filed Feb. 21; resp. due May 15)
- Howell v. United States, No. 16-536 (pet. for rehearing pend. conf. on May 11) (CAAFlog case page)
- Ortiz v. United States, No. 16A1034 (extension to file cert. pet. granted to Jun. 9, 2017) CAAFlog case page)
This week at CAAF: The next scheduled oral argument at CAAF is on May 9, 2017.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Tuesday, May 2, 2017, at 10 a.m.:
United States v. Inman, No. 20150042
Issue: Whether the military judge should have disqualified himself because he had previously acted as counsel in appellant’s case, and because he expressed an opinion concerning the guilt or innocence of appellant when serving as chief of military justice.
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 Navy-Marine Corps CCA’s website suggests that an oral argument will occur on Tuesday, May 2, 2017, however no case information is posted. The next scheduled oral argument after that is on May 9, 2017.