This week at SCOTUS: Dalmazzi is scheduled for oral argument on January 16, 2018.
A cert. petition was filed in Richards v. United States, No. 17-701. In United States v. Richards, 76 M.J. 365 (C.A.A.F. Jul. 13, 2017) (CAAFlog case page) (link to slip op.), CAAF held that a search authorization for electronic media need not include a temporal limitation, even when the facts enable investigators to limit the search to a specific time period, so long as the authorization is otherwise sufficiently particularized so as to avoid an unconstitutionally broad search.
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking eight cases:
- Dalmazzi v. United States, No. 16-961 (cert. granted Sep. 28; oral arg. on Jan. 16) (CAAFlog case page) (SCOTUSblog case page)
- Alexander v. United States, No. 16-9536 (held since conf. on Oct. 13)
- Bartee v. United States, No. 17-175 (resp. requested, due Nov. 29)
- Abdirahman, et al. v. United States, No. 17-206 (held since conf. on Oct. 13)
- Tso v. United States, No. 17-479 (pet. filed Sep. 28; resp. due Dec. 1)
- Herrmann v. United States, No. 17-593 (dist. for conf. on Nov. 21)
- Cash v. United States, No. 17A415 (ext. of time to file granted to Dec. 22)
- Richards v. United States, No. 17-701 (pet. filed Nov. 9; resp. due. Dec. 14)
This week at CAAF: The next scheduled oral argument at CAAF is on November 28, 2017.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Tuesday, November 21, 2017, at 10 a.m.:
United States v. Hendrix, No. 20170439
[I]. WHETHER A CONVENING AUTHORITY’S DISMISSAL OF CHARGES IS A “SUBTERFUGE” WHEN IT IS MOTIVATED BY A DESIRE TO HONOR THE WISHES OF A SEXUAL ASSAULT VICTIM UNDER DODI 6495.02.
[II]. WHETHER THE MILITARY JUDGE ERRED BY DISMISSING THE CHARGE WITH PREJUDICE.
Note: From the second issue and the counsel for each side, this case is an interlocutory prosecution appeal.
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 next scheduled oral argument at the Navy-Marine Corps CCA is on November 28, 2017.