This week at SCOTUS: The Solicitor General received an extension of time to respond to the cert. petition in Gray, to April 18, 2018. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking six cases:

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

Wednesday, March 21, 2018, at 1:30 p.m.:

United States v. Burris, No.17-0605/AR (CAAFlog case page)

Disclosure: I represent MAJ Burris and will argue this case.

Issue: Citing Rules for Courts-Martial 905(c), and 919(c), the Army Court held that the failure of Appellant’s trial defense counsel to object to improper character evidence and improper argument waived any error. This Court, however, treats such failures as forfeiture and tests for plain error. Which Court is right?

Case Links:
 ACCA decision
• ACCA decision on reconsideration
 Blog post: CAAF grants
 Appellant’s brief 
 Appellee’s (Army Gov’t App. Div.) brief
 Appellant’s reply brief
• Blog post: Argument preview

Followed by:

United States v. Armstrong, No. 17-0556/AR (CAAFlog case page)

Issue: Whether assault consummated by a battery is a lesser included offense of abusive sexual contact by causing bodily harm.

Case Links:
• ACCA decision (summary disposition)
• Appellant’s brief
• Appellee’s (Army Gov’t App. Div.) brief
• Appellant’s reply brief
• Blog post: Argument preview

Thursday, March 22, 2018, at 9:30 a.m.:

United States v. Kelly, No.17-0559/AR (CAAFlog case page)

Disclosure: I represent SGT Kelly and will argue this case.

Issue: Whether the Court of Criminal Appeals has the authority to disapprove a mandatory minimum punitive discharge.

Case Links:
ACCA decision
• Appellant’s brief
• Appellee’s (Army Gov’t App. Div.) brief
• Appellant’s reply brief
• Amicus brief – A.F. App. Def. Div.
• Amicus brief – N.M. App. Def. Div.
• Blog post: Argument preview

Followed by:;

United States v. Barry, No. 17-0162/NA (CAAFlog case page)

Specified issue: Whether a Deputy Judge Advocate General can commit unlawful command influence under Article 37, UCMJ, 10 U.S.C. § 837 (2012).

Granted issue: Whether military officials exerted actual unlawful command influence on the convening authority or created the appearance of doing so.

Case Links:
• NMCCA decision
• Blog post: Retired Admiral wishes he had disapproved a conviction when he had the chance
• Blog post: More on Unlawful Command Influence Affidavit at CAAF from Retired Navy One-Star
• Blog post: Retired Admiral will get to testify about the conviction he wishes he disapproved when he had the chance
• Blog post: Developments in the Barry case (that somehow justify giving lawyers more power)
• Blog post: Details trickle out of the DuBay hearing in the Barry case
• Blog post: 
Chief Trial Judge of the Air Force makes findings in the Barry case
• DuBay findings of fact
• Blog post: CAAF grants
• Appellant’s brief
• Appellee’s (Navy-Marine Corps 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). I’m not aware of any scheduled oral arguments this week at the Army CCA.

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 Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

One Response to “This Week in Military Justice – March 18, 2018”

  1. Charlie Gittins says:

    Since the Vargas thread has been prematurely locked, reporting here that Vargas made today’s Washington Times.  All the players are named.