This week at SCOTUS: The cert. petition in Herrmann was distributed for conference on November 21. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking eight cases:

This week at CAAF: CAAF will hear oral argument in one case this week, on Wednesday, November 8, 2017, at 4 p.m., at Cornell Law School in Ithaca, New York:

United States v. Eppes, No. 17-0364/AF (CAAFlog case page)

I. Whether the search of Appellant’s personal bags exceeded the scope of the search authorization where the agent requested authority to search Appellant’s person, personal bags, and automobile, but the military magistrate authorized only the search of Appellant’s person and automobile and did not authorize the search of Appellant’s personal bags.

II. Whether Appellant’s right to freedom from unreasonable search and seizure under the Fourth Amendment was violated when there was no probable cause for the 7 December 2012 warrant.

Case Links:
• AFCCA opinion
• Appellant’s brief
• Appellee’s (A.F. App. Gov’t Div.) answer
• Appellant’s reply brief
• Law student amicus brief in support of Appellant
• Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on November 21, 2017.

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 at the CCA.

This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

2 Responses to “This Week in Military Justice – November 5, 2017”

  1. Michael Lowrey says:

    Military justice in the news: Texas mass shooter Devin Kelley had served in the Air Force, was tried before a court martial in 2012 (not sure if general or special, but likely the latter) for assaulting his spouse and child, received a BCD, and served a year of confinement. I can’t find AFCCA’s decision in the case.
    Associated Press story mentioning the conviction:

  2. Cheap Seats says:

    Not Reported in M.J., 2013 WL 6913162 (A.F.Ct.Crim.App.)

    Only the Westlaw citation is currently available.

    U.S. Air Force Court of Criminal Appeals.

    United States
    Airman First Class Devin P. Kelley, United States Air Force

    ACM 38267

    Sentence adjudged 7 November 2012 by GCM convened at Holloman Air Force Base, New Mexico.
    3 December 2013

    Military Judge: J. Wesley Moore.
    Approved Sentence: Bad-conduct discharge, confinement for 12 months, and reduction to E–1.

    Appellate Counsel for the Appellant: Lieutenant Colonel Jane E. Boomer and Lieutenant Colonel Maria A. Fried.
    Appellate Counsel for the United States: Colonel Don M. Christensen; Lieutenant Colonel C. Taylor Smith; Gerald R. Bruce, Esquire.

    Before ORR, HARNEY, and MITCHELL, Appellate Military Judges


    *1 The approved findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 54 M.J. 37, 41 (C.A.A.F.2000). Accordingly, the approved findings and sentence are AFFIRMED.


    End of Document