This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking six cases:
- Dalmazzi v. United States, No. 16-961 (argued on Jan. 16) (CAAFlog case page) (SCOTUSblog case page)
- Alexander v. United States, No. 16-9536 (held since conf. on Oct. 13)
- Abdirahman, et al. v. United States, No. 17-206 (held since conf. on Oct. 13)
- Cash, et al. v. United States, No. 17-840 (held since conf. on Feb. 16)
- Richards v. United States, No. 17-701 (held since conf. on Feb. 16)
- Gray v. United States, No. 17-7769 (pet. filed Feb. 9, resp. due Apr. 18)
This week at CAAF: The next scheduled oral argument at CAAF is on May 1, 2018.
This week at the ACCA: The Army CCA’s website is still inaccessible from the public internet (discussed here). Nevertheless, I can report that the Army CCA will hear oral argument in at least one case this week, on Wednesday, April 11, 2018, at 10 a.m.:
United States v. Henning, No. 20160572 (prior CAAFlog case page)
I. Whether the military judge abused his discretion when he admitted evidence that two other people who were not accused of any misconduct were excluded as possible contributors of DNA found in the alleged victim’s underwear.
II. Whether pulling underwear to the side is legally sufficient to constitute bodily harm for the offense of sexual assault by causing bodily harm.
Disclosure: I represent MAJ Henning in my personal capacity and will argue this case.
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 next scheduled oral argument at the Navy-Marine Corps CCA is on April 17, 2018.