This week at SCOTUS: The court denied cert. in Roukis on February 20. The petitions in Cash and Richards have been held since conference on February 16 (both cases are Dalmazzi trailers). I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking seven cases:

This week at CAAF: CAAF will hear oral argument in three cases this week:

Tuesday, February 27, 2018, at 9:30 a.m.

United States v. Barker, No. 17-0551/AF (CAAFlog case page)

Issues:
I. Whether the Court of Criminal Appeals erred when it held proper foundation had been laid to admit evidence in aggravation.

II. Whether the Court of Criminal Appeals improperly conducted a review of the prejudice resulting from the military judge’s erroneous admission of evidence in aggravation.

Case Links:
• AFCCA decision (76 M.J. 748)
• Blog post: The Air Force CCA addresses the limits of victim-impact statements
• Appellant’s brief
• Appellee’s (A.F. Gov’t App. Div.) brief
• Appellant’s reply brief
• Blog post: Argument preview

Followed by:

United States v. Hardy, No. 17-0553/AF (CAAFlog case page)

Issue: Whether the Air Force Court of Criminal Appeals erred by holding that Appellant waived, rather than forfeited, his claim of unreasonable multiplication of charges.

Case Links:
• AFCCA decision (76 M.J. 732)
• Blog post: AFCCA finds guilty plea waives UMC
• Appellant’s brief
• Appellee’s (A.F. Gov’t App. Div.) brief
• Appellant’s reply brief
• Blog post: Argument preview

Wednesday, February 28, 2018, at 9:30 a.m.

United States v. Andrews, No.17-0480/NA (CAAFlog case page)

Issue: The lower court found severe prosecutorial misconduct. Then it affirmed the findings and sentence, giving its imprimatur to the prosecutorial misconduct in Appellant’s case. Did the lower court err?

Case Links:
• NMCCA decision
• Appellant’s brief
• Appellee’s (N.M. App. Gov’t Div.) brief
• Appellant’s reply brief
• Blog post: Argument preview

This week at the ACCA: The Army CCA’s website is still inaccessible from the public internet (discussed here). The next scheduled oral argument at the Army CCA is on March 5, 2018.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on April 6, 2018 (at Penn State Law).

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 next scheduled oral argument at the Navy-Marine Corps CCA is on March 15, 2018.

Comments are closed.