This week at SCOTUS: The cert. petition in Larrabee is scheduled for conference on February 15, 2019. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking one case:
- Larrabee v. United States, No. 18-306 (pend. conf. on Feb. 15)
This week at CAAF: The next scheduled oral argument dates at CAAF are February 19-20, 2019.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Tuesday, January 29, 2019, at 6 p.m., at the Yale University School of Law, Levinson Auditorium, 127 Wall Street, New Haven, Connecticut 06511:
United States v. Miller, No. 20180023
Issue: Whether the military judge erred in denying appellant’s motion to suppress the evidence seized from his quarters.
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 website shows no scheduled oral arguments.
This week at the NMCCA: The Navy-Marine Corps CCA will hear oral argument in one case this week, on Tuesday, January 31, 2019, at 10 a.m.:
United States v. Baas, No. 201700318
Case Summary: A panel of members with enlisted representation sitting as a general court-martial convicted the appellant, contrary to his pleas, of two specifications of conspiracy, one specification of making a false official statement, two specifications of committing a sexual act upon a child, two specifications of producing child pornography with intent to distribute, and two specifications of distributing child pornography in violation of Articles 81, 107, 120b, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 907, 920b, and 934 (2012). The appellant was sentenced to fifteen years’ confinement, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, except for the dishonorable discharge, ordered it executed.
I. Did the military judge abuse his discretion in admitting the Diatherix gonorrhea test results and the related testimony of Drs. Hobbs and Kafer?
II. Did the Diatherix gonorrhea test results and the related testimony of Drs. Hobbs and Kafer constitute testimonial hearsay, the admission of which violated the Sixth Amendment?