This week at SCOTUS: A new cert. petition was docketed in King v. United States, No. 18-1254, on March 28, 2019. In United States v. King, 78 M.J. 218 (C.A.A.F. Jan. 4, 2019) (CAAFlog case page), CAAF found a conviction of viewing child pornography to be legally sufficient even though computer forensics could not conclusively prove that the images were knowingly viewed. The cert. petition is available here. The question presented is:

Whether the Court of Appeals relied upon permissive inferences that violated the Due Process Clause of the Fifth Amendment in finding Petitioner’s conviction legally sufficient.

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

This week at CAAF: The next scheduled oral arguments before CAAF are on April 9-10, 2019. They are Project Outreach arguments at the University of Kansas School of Law in Lawrence, Kansas (April 9), and Fort Leavenworth, Kansas (April 10).

This week at the ACCA: The next scheduled oral argument before the Army CCA is on April 12, 2019.

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’s website shows no scheduled oral arguments.

3 Responses to “This Week in Military Justice – March 31, 2019”

  1. Vulture says:

    How can there be so few modern references in King?  This is a good case for contemporary consideration with a valid question.  Can governing law really be that old?  The latest one is 2012.  Others are 2006, 2011, a couple in the 80’s and some in the 60’s.  

  2. former deputy says:

    So it’s about Permissive Inferences instead of factual sufficiency.  Much more interesting that way.  I’d love if we had a firmer understanding of the left and right boundaries on permissive inferences.  Good luck Peaches!

  3. Dew_Process says:

    Not a good candidate for certiorari – too fact specific imho – and, while I agree that the issue needs resolving, relief for King is probably only waiting on a habeas or Coram Nobis petition.