Significant military justice event this week: The LexisNexis CLE on recent reforms to the UCMJ is on Tuesday, November 6, 2018, at The National Press Club in Washington D.C. Additional details available here. Note: Event open to DoD-affiliated persons only.

This week at SCOTUS: The cert. petition in Andrews was denied on October 29. An amicus brief (available here) in support of the cert. petition in Dinger was filed by the National Institute of Military Justice and the Amicus Project at Southwestern Law School.

The Court docketed a pro se, cert. petition (available here) that was filed back in August in Eppes v. United States, No. 18-6531. In United States v. Eppes, 77 M.J. 339 (C.A.A.F. Apr. 10, 2018) (CAAFlog case page), CAAF affirmed conditional pleas of guilty, unanimously concluding that one challenged search was proper, and concluding by a majority that a second challenged search was technically problematic but its fruits ultimately admissible.

I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking four cases:

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

Tuesday, November 6, 2018, at 9:30 a.m.:

United States v. King, No. 18-0288/AF (CAAFlog case page)

Issue: The military judge found Appellant guilty of viewing child pornography. But all of the alleged child pornography appellant allegedly viewed was found in unallocated space or a Google cache. Is the evidence legally sufficient?

Case Links:
AFCCA decision
Appellant’s brief
Appellee’s (Air Force App. Gov’t Div.) brief
Appellant’s reply brief
Blog post: Argument preview

Followed by:

United States v. Kohlbek, No. 18-0267/AR (CAAFlog case page)

Issue: Whether the military judge erred by misconstruing Mil.R.Evid. 707 and prohibiting Appellant from presenting evidence relevant to Appellant’s post-polygraph statement.

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

Wednesday, November 7, 2018, at 9 a.m.:

United States v. Bodoh, No. 18-0201/AR (CAAFlog case page)

Issue: Whether the military judge plainly erred by allowing the trial counsel to misstate the law and argue that the panel should base its verdict on SHARP training

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

Followed by:

United States v. Nicola, No. 18-0247/AR (CAAFlog case page)

Issue: Whether the evidence of indecent viewing in violation of Article 120c, UCMJ, was legally sufficient.

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

This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on November 28, 2018.

This week at the CGCCA: The Coast Guard CCA’s website shows no scheduled oral arguments.

This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

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