This week at SCOTUS: The Solicitor General filed this response to the supplemental brief filed in Abdirahman, et al. (the Ortiz trailer cases) (brief noted here), seeking application of CAAF’s decision in United States v. Mangahas, 77 M.J. 220 (C.A.A.F. Feb. 6, 2018) (CAAFlog case page), to one of the petitioners. The response includes two noteworthy disclosures:

The government has not yet decided whether to seek further review in Mangahas. Under the circumstances, however, the government does not oppose Briggs’s request that his case be remanded to the CAAF so that the military courts can consider in the first instance his claimed entitlement to relief under that decision.

A cert. petition must be filed within 90 days of a CAAF decision, and I don’t see any docket entry for a petition for reconsideration in Mangahas, so the deadline for a petition from the SG seems to be Friday, May 4, 2018 CAAF denied a Government Division motion for reconsideration on March 15, 2018, so the deadline seems to be May 14, 2018 (because May 13 is a Sunday).

The SG also received an extension of time to file a response to the cert petition in Gray. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking six cases:

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).

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 will hear oral argument in one case this week, on Tuesday, April 17, 2018, at 1 p.m., at the Marshall-Wythe School of Law, The College of William & Mary, 613 South Henry St, Williamsburg, VA 23185:

United States v. Perkins, NMCCA No. 201700077

Case Summary:
A panel of officer and enlisted members sitting as a general court-martial convicted the appellant, contrary to his pleas, of one specification of conspiracy to commit the offense of larceny and one specification of violating a lawful general order in violation of Articles 81 and 92, Uniform Code of Military Justice, 10 U.S.C. §§ 881 and 892 (2012). The members sentenced the appellant to reduction to pay grade E-1 and a bad-conduct discharge. The convening authority approved the sentence as adjudged, and, except for the punitive discharge, ordered it executed.

Issue: DID THE MILITARY JUDGE ERR IN DENYING A DEFENSE MOTION TO SUPPRESS EVIDENCE SEIZED FROM THE APPELLANT’S HOME ON 1 OCTOBER 2015 AND ALL EVIDENCE DERIVED FROM THAT SEARCH?

8 Responses to “This Week in Military Justice – April 15, 2018”

  1. Vulture says:

    Dear Commander USALSA
    As you can see from the postings on CAAFLog it has been several days since anyone has made any comments.  It is because of that I would like to take this opportunity to remind you that the Internet does still work.  In fact, even though whole groups of people refrain from making content known there, it is possible to resume conversation, inform, and receive. 
     
    As a former 25 series soldier I would like to impart to you that I am perplexed at your current state of incommunicado.  You have an IT section, its in the Fort Belvoir phone book.  Is this some vengeance for the CIO-G6 testimony in Stellato?  Do you have some vindictiveness for not being able to destroy information once it touches your system.  Do you really not know that Army AKO servers at least used to be located right there on your same post?  If my system had been down for as long as yours my Commander would HAVE MY ASS!
     
    Please, take this message with kind consideration.

  2. k fischer says:

    Vulture,
     
    What does all that mean?  Why haven’t people posted on CAAFlog?  Have they been given an order?  Is CAAFlog blocked on the Army system?  Are you railing against the fact that civilians cannot look up opinions or dockets?  (I think that it is bs that a Soldier can have a civilian attorney, yet that civilian attorney cannot look up the docket on Jagcnet.army.mil)

  3. Vulture says:

    Sorry I am not making myself clear to you Kyle.  Let me put it this way: Signal is the only branch that has its own title in a five paragraph operations order.  It sits right beside the word Command, you know, the guy that is responsible for all that happens or fails to happen.  It makes it easier for the Commander to choke that signaler out when he can’t communicate.
     
    How it is that a commander accepts an organic organization, one with dockets and filings and opinions no less, to remain in the dark is baffling.  He has a six shop, why can’t they get their act together?  If the Government can pull an O-6 billet to come and testify that putting a thumb drive on the same network as the SJA excuses that thumb drive’s destruction, how can they expect anyone to believe they can’t put a single server on the network?  
     
    No, I don’t know if anyone has any orders about CAAFLog.  But maybe people would able to comment on what the Army Court or Criminal Appeals was doing if they knew what the Army Court of Criminal Appeals was doing.

  4. DCGoneGalt says:

    Maybe they had to shut the network down while all of the Army computers upgraded to Windows 95?

  5. J.M. says:

    All signal sections only have one overworked SPC, who’s the only one who knows and is willing to learn how to do anything more complicated than replacing a handmike. Belvoirs overworked SPC is probably on leave, or extra duty. 

  6. Vulture says:

    J.M. and DCGG, maybe you guys are saying that the Jag Corps would be a waste of a good Signal officer.  I look at the things that go on in its  upper ranks like Barry, Behenna, and Bergdahl and find myself lacking in a reason to disagree.  Bumbling defense counsel like in US v. Brandt and LaBella.  Backtracking of the law such as Blouin and a beguiled bench battering the benchmarks of Bartee’s basic liberties.  Why be a barrister at all? 
     
    They say that a lie goes around the world before the truth gets its pant on.  I’m stuck on the second letter of the alphabet. 
     
    My older brother once asked me what the UCMJ was all about.  I remembered a conversation that we had when he was in his private high school and I was in my public junior high about AIDs.  He said that in the natural world, at the origin of a pathogen, it is normal to find the cure somewhere right next to it.  But as we have encroached further and further into the hinterlands, our developmental methodologies eliminate the cures while facilitating becoming the vector for diseases.
     
    In keeping with the military’s wrapping itself in inscrutable self righteousness, its apex level predator is the UCMJ.  It accepts no peer, it has no partner, its act of fratricide was committed in the crib.  It is a pathogen without cure.  That’s why I always want to make sure that even people I have a disagreement with, like CD, stay watching and keep the conversation going.  And don’t forget how we got here.

  7. Philip D. Cave says:

    Some semi-good news.  The Army publications we all like and enjoy are now, sort of, back online.  Less easy to figure navigate, but they are getting there.
    No sign of ACCA.
    https://tjaglcspublic.army.mil/tjaglcs-publications

  8. stewie says:

    You loved V for Vendetta, now watch the stunning sequel…starring Vulture in…B for Bendetta!

Leave a Reply