This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking seven cases:
- Dalmazzi v. United States, No. 16-961 (cert. granted Sep. 28; oral arg. on Jan. 16) (CAAFlog case page) (SCOTUSblog case page)
- Alexander v. United States, No. 16-9536 (held since conf. on Oct. 13)
- Bartee v. United States, No. 17-175 (dist. for conf. on Jan. 5)
- Abdirahman, et al. v. United States, No. 17-206 (held since conf. on Oct. 13)
- Tso v. United States, No. 17-479 (dist. for conf. on Jan. 5)
- Cash, et al. v. United States, No. 17-840 (pet. filed on Dec. 12; resp. due Jan. 11)
- Richards v. United States, No. 17-701 (pet. filed Nov. 9; resp. due. Jan. 16)
This week at CAAF: CAAF will hear oral argument in three cases this week:
Tuesday, January 9, 2018, at 9:30 a.m.:
United States v. Williams, No. 17-0285/AR (CAAFlog case page)
Issue: Whether the Army Court of Criminal Appeals erroneously found that the propensity instruction given in this case falls within an exception to the holding in United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).
• ACCA decision (first decision / pre-Hills) (75 M.J. 621)
• Blog post: ACCA overturns pesky precedent
• Blog post: CAAF reverses
• ACCA opinion
• Blog post: CAAF grants
• Appellant’s brief
• Appellee’s (Army Gov’t App. Div.) answer
• Appellant’s reply brief
• Blog post: Argument preview
Wednesday, January 10, 2018, at 9:30 a.m.:
United States v. Carpenter, No. 0476/AF (CAAFlog case page)
Issue: Whether the Air Force Court of Criminal Appeals erred in limiting the cross-examination of the complaining witness under Military Rule of Evidence 412 on an issue showing that Appellant’s subjective mistake of fact as to the complaining witness’s age was objectively reasonable.
United States v. Mooney, No. 17-0405/AF (CAAFlog case page)
Issue: Whether the convening authority’s action is void ab initio where it purports to order Appellant’s adjudged court-martial sentence to run consecutive to his previously adjudged federal sentence instead of concurrently as required by Article 57, UCMJ.
This week at the ACCA: The Army CCA’s website is still inaccessible from the public internet (discussed here).
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.