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:
- 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 May 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).
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
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?