This week at SCOTUS: The Solicitor General filed the government’s brief in Briggs on January 6, 2020. It’s available here. The Solicitor General also received a second extension of time to file the requested response in McDonald.

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

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

Tuesday, January 14, 2020, at 9:30 a.m.:

United States v. Wall, No. 19-0143/AR (CAAFlog case page)

Granted issue: Whether after setting aside the sentence and ordering a remand, a service Court of Criminal Appeals is authorized to reassess the sentence and limit the lawful sentence the convening authority may approve.

Specified issue: Whether the granted issue is ripe for review at this time.

Case Links:
ACCA opinion
Blog post: CAAF grants review
Blog post: CAAF questions ripeness
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Appellant’s supplemental brief
Appellee’s (Gov’t Div.) supplemental brief
Blog post: Argument preview

Followed by:

United States v. Gonzalez, No. 19-0297/AR (CAAFlog case page)

Granted issue: Whether the Army Court abused its discretion by reassessing the sentence after dismissing the most egregious specification, and offering the convening authority the option to approve an excessive sentence for the remaining specification in lieu of a rehearing.

Specified issue: Whether Appellant waived or forfeited his objection to the Army Court’s instructions to the convening authority.

Case Links:
ACCA opinion
ACCA opinion after remand
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Blog post: Argument preview

Wednesday, January 15, 2020, at 9:30 a.m.:

United States v. Washington, No. 19-0252/AR (CAAFlog case page)

Issue: Whether the military judge abused her discretion by permitting the unit’s SHARP representative to testify that “when a person says ‘no’ it means stop, walk away.”

Case Links:
ACCA opinion (summary disposition)
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Appellant’s reply brief
Blog post: Argument preview

Followed by:

United States v. Avery, No. 19-0259/AR (CAAFlog case page)

Issue: Whether the specification of Charge II, alleging the communication of indecent language to a child in violation of Article 134, UCMJ, was preempted by Article 120b.

Case Links:
ACCA opinion
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on January 23, 2020, at Widener University Commonwealth Law School.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 5, 2020, at the George Washington University Law School.

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.

One Response to “This Week in Military Justice – January 12, 2020”

  1. Curious Onlooker says:

    Do folks have any thoughts on the government’s merits brief in Briggs? I’m no expert, but it seemed … unconvincing … on first blush.

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