CAAFlog » TWIMJ

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

This week at CAAF: The first oral argument date for CAAF’s September 2015 Term is October 6, 2015.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, Tuesday, July 28, 2015, at 10 a.m.:

United States v. Talar, No. 20130603

Issue: Whether the military judge abused her discretion in admitting prosecution exhibit nine containing testimonial hearsay from a declarant not present at trial in violation of Staff Sergeant Talar’s confrontation rights guaranteed under the Sixth Amendment to the Constitution.

This week at the AFCCA: The Air Force CCA will hear oral argument in one case this week, on Tuesday, July 28, 2015, at 10 a.m. The issue indicates that the case is a Government appeal of the suppression of the results of a urinalysis based on the accused’s self-report of a substance abuse problem:

United States v. Catano

Issue: Whether the military judge erred when ruling that appellee self-identified his illegal drug use to his first sergeant, thereby protecting all statements he made about his illegal drug use and preventing a positive urinalysis from being used as evidence against him.

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

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

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

This week at CAAF: The first oral argument date for CAAF’s September 2015 Term is October 6, 2015.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on July 28, 2015.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on July 28, 2015.

This week at the CGCCA: The Coast Guard CCA’s oral argument schedule (new link) shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: The cert petition in Buford was added to the September 28 conference. 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 first oral argument date for CAAF’s September 2015 Term is October 6, 2015.

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

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: The SG waived the right to respond to the cert petition in Buford v. United States, No. 14-601. See United States v. Buford, 74 M.J. 98 (C.A.A.F. Mar. 24, 2015) (CAAFlog case page).

I’m not aware of any other military justice developments at the Supreme Court.

This week at CAAF: The first oral argument date for CAAF September 2015 Term is on October 6, 2015.

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

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: A cert petition was filed last week in Buford v. United States, No. 14-601. In United States v. Buford, 74 M.J. 98 (C.A.A.F. Mar. 24, 2015) (CAAFlog case page), an interlocutory Government appeal, a divided CAAF held that the military judge wrongly concluded that an active duty Air Force Security Forces member was acting as a Government agent when he collected evidence related to the case.

I’m not aware of any other military justice developments at the Supreme Court.

This week at CAAF: CAAF has posted its oral argument dates for the September 2015 Term of Court:

October 2015: 6, 7, 20, 21, 27, 28
November 2015: 17, 18
December 2015: 15, 16
January 2016: 12, 13, 26, 27
February 2016: 10, 23, 24
March 2016: 15, 16
April 2016: 5, 6, 26, 27
May 2016: 10, 11

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

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

 

Significant military justice event this week: The Article 120 subcommittee of the Judicial Proceedings Panel will hold a meeting on Thursday, June 25, 2015, in New York City. I don’t believe that the meeting is open to the public, but additional information is available here.

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

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

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

Significant military justice event this week: The next meeting of the Judicial Proceedings Panel is on Thursday, June 18, 2015, from 9:00 a.m. to 5:00 p.m., at the George Washington University, School of Law, Faculty Conference Center, 2000 H St. NW., Washington, DC 20052. Public notice available here.

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

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

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

This week at the ACCA: The Army CCA will hear oral argument in two cases this week:

Monday, June 8, 2015, at 2 p.m.: United States v. Burnside, No. 20130193

Issues:
I. [WHETHER] THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS APPELLANT’S SWORN STATEMENT TAKEN IN VIOLATION OF THE FIFTH AMENDMENT AND ARTICLE 31, [UCMJ,] BECAUSE SPECIAL AGENTS [PS] AND [RW] FAILED TO SCRUPULOUSLY HONOR APPELLANT’S INVOCATION OF THE RIGHT TO REMAIN SILENT.
II. [WHETHER] THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED APPELLANT’S INVOLUNTARY ORAL AND WRITTEN CONFESSIONS TO SPECIAL AGENT [PS] AND SPECIAL AGENT [RW] BECAUSE THEY WERE THE PRODUCT OF COERCION, UNLAWFUL INFLUENCE, AND UNLAWFUL INDUCEMENT

Thursday, June 11, 2015, at 2 p.m.: United States v. Safiedeen, No. 20121124

Issue: WHETHER CAPTAIN SAFIEDEEN RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL RESULTING IN MULTIPLE PREJUDICIAL ERRORS.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

This week at the NMCCA: The Navy-Marine Corps CCA, sitting en banc, will hear oral argument in one case this week, on Thursday, June 11, 2015, at 10 a.m.:

United States v. Spurling

Case summary: A special court-martial, consisting of members with enlisted representation, convicted the appellant, contrary to his pleas, of one specification of making a false official statement, in violation of Article 107, Uniform Code of Military Justice. The members sentenced the appellant to reduction to pay grade E-1 and a bad-conduct discharge. The convening authority approved the sentence as adjudged but, as a matter of clemency, suspended the bad-conduct discharge for a period of twelve months. The issues to be argued before this Court are as follows:

Issues:
I. WHEN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL IS PREMISED ON COUNSEL’S FAILURE TO MAKE A MOTION TO SUPPRESS EVIDENCE, AN APPELLANT MUST SHOW THAT THERE IS A REASONABLE PROBABILITY THAT SUCH A MOTION WOULD HAVE BEEN MERITORIOUS. UNITED STATES V. JAMESON, 65 M.J. 160, 163-64 (C.A.A.F. 2007). HOW SHOULD THIS COURT DEFINE “REASONABLE PROBABILITY?”
II. DID THE APPELLANT SATISFY THAT STANDARD IN THIS CASE?

This is the NMCCA’s second review of this case. The court previously issued an en banc decision denying appellant relief (discussed here), but CAAF summarily reversed and remanded (discussed here).

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on June 8, 2015.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on June 8, 2015.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF has completed its oral argument calendar for the September 2014 term.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on June 8, 2015.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF will hear oral argument in two cases this week, both on Tuesday, May 12, 2015, beginning at 9 a.m.:

United States v. Sullivan, No. 15-0186/CG (CAAFlog case page)

Issues:
I. Whether the Government carried its burden of proving that the convening authority’s categorical exclusion of all flag officers was harmless.
II. Whether the military judge abused his discretion in denying challenges from both parties to his impartiality based on prior personal relationships with individual military counsel, the accused, trial counsel, several members, several witnesses, and the staff judge advocate.

Case Links:
CGCCA opinion
Blog post: Analysis of CGCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

United States v. Quick, No. 15-0347/MC (CAAFlog case page)

Issue: Whether precedent authorizing courts of criminal appeals to order sentence-only rehearings should be overruled based on: (a) Jackson v. Taylor, 353 U.S. 569 (1957), which stated “no [such] authority” exists; (b) the plain language of the statute including the conjunctive “findings and sentence” in Article 66(d) in contrast to authority granted the judge advocates general in Article 69(a) to act with respect to “findings or sentence or both” and the convening authority in Article 60(f)(3) to order sentence rehearings; and, (c) judicial economy.

Case Links:
NMCCA opinion
Blog post: Analysis of NMCCA opinion
Appellant’s (Government) brief
Appellee’s brief
Appellant’s (Government) reply brief
Amicus brief: Air Force Appellate Defense Division
Amicus brief: Air Force Appellate Government Division
Amicus brief: Goast Guard Appellate Government Division
Blog post: Argument preview

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, May 14, 2015, at 9:30 a.m.:

United States v. Hills, No. 20130833

Issue: Whether the military judge abused his discretion by granting the Government’s motion to use the charged sexual misconduct for Military Rule of Evidence 413 purposes to prove propensity to commit the charged sexual conduct.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: The next scheduled oral argument at CAAF is on May 12, 2015.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, May 6, 2015, at 10:00 a.m.:

United States v. Cannon, No. 20130415

Issues:
I. Whether the military judge abused his discretion in failing to grant the defense request to appoint an expert assistant in the area of coercive law enforcement interrogation techniques which may have led to a false confession
II. Whether the military judge committed plain error by admitting an “inadmissible” rock and an “inadmissible” presumptive positive test regarding the rock?

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

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

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: CAAF will hear oral argument in four cases this week; three on Tuesday, April 28, 2015, and one on Wednesday, April 29, 2015:

Tuesday, April 28, 2015:

United States v. Murphy, No. 14-0767/AR (CAAFlog case page)

Issue: Whether the Army Court of Criminal Appeals erred in concluding that ammunition constitutes an explosive for purposes of the sentence aggravator of Articles 108 and 121, UCMJ.

Case Links:
ACCA opinion (73 M.J. 699)
Blog post: The Army CCA finds that ammunition is an explosive
Appellant’s brief
Appellee’s (Government) brief
• Blog post: Argument preview

Followed by:

United States v. Stellato, No. 15-0315/AR (CAAFlog case page)

Issues:
I. Whether the Army Court of Criminal Appeals erred as a matter of law in concluding there was no discovery violation and reversing the military judge’s remedy of dismissal.
II. Whether the Army Court of Criminal Appeals applied an erroneous view of the law in requiring the military judge to find “willful ignorance, willful suppression, or other misconduct” as a condition precedent for dismissal with prejudice for discovery violations.

Case Links:
ACCA opinion (__ M.J. ___)
Blog post: Analysis of ACCA’s opinion
Accused’s brief
Government’s brief
• Blog post: Argument preview

Followed by:

United States v. Schloff, No. 15-0294/AR (CAAFlog case page)

Issue: Whether the Army court erred in expanding the definition of a “sexual contact” to a touch accomplished by an object contrary to the plain language of Article 120(g)(2).

Case Links:
ACCA opinion
Blog post: Analysis of ACCA’s opinion
Appellant’s brief
Government’s brief
Amicus brief (SVC)
• Blog post: Argument preview

Wednesday, April 29, 2015:

United States v. McIntosh, No. 14-0685/AF (CAAFlog case page)

Issue: Whether Appellant received ineffective assistance when defense counsel failed to introduce evidence which strongly corroborated the defense theory that the allegations in this case were false.

Case Links:
AFCCA oral argument audio
AFCCA opinion
Appellant’s brief
Government’s brief
• Blog post: Argument preview

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Fruday, May 1, 2015, at 10 a.m.:

United States v. Thomas, No. 20130099

Issues:
I. Whether the military judge abused his discretion when he denied the defense motion for the appointment of an expert consultant/witness to assist the defense in developing and presenting evidence that would support the lack of voluntariness and whether appellant made a false confession to the charged sexual assault offenses?
II. Whether the military judge committed prejudicial error when he denied the defense motion to suppress the appellant’s confession due to lack of voluntariness?

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

This week at the NMCCA: The Navy-Marine Corps CCA will hear oral argument in one case this week, on Friday, May 1, 2015, at 10 a.m.:

United States v. Pease

Case summary: A panel of members with enlisted representation sitting as a general court-martial convicted the appellant, contrary to his pleas, of three specifications of sexual assault, one specification of abusive sexual contact, and two specifications of fraternization in violation of a lawful general order, violations of Articles 120 and 92, UCMJ. The appellant was found not guilty of one specification of sexual assault. He was sentenced to six years’ confinement and a dishonorable discharge. The convening authority approved the sentence as adjudged, and, except for the dishonorable discharge, ordered it executed.

Issues:
I. Whether the military judge erred in failing to give the requested defense instruction on competence?
II. Whether appellant’s constitutional right to due process was violated when he was convicted of violating Article 120 which is unconstitutionally vague?

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court.

This week at CAAF: The next scheduled oral argument at CAAF is on Tuesday, April 28, 2015.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, April 23, 2015, at 10:00 a.m.:

United States v. Burnside, No. 20130193

Issues:
I. Whether the military judge abused his discretion when he denied the defense motion to suppress Appellant’s sworn statement taken in violation of the fifth amendment and Article 31, UCMJ, because special agents PS and RW failed to scrupulously honor Appellant’s invocation of the right to remain silent.
II. Whether the military judge abused his discretion when he admitted Appellant’s involuntary oral and written confessions to special agent PS and special agent RW because they were the product of coercion, unlawful influence, and unlawful inducement.

This week at the AFCCA: The Air Force CCA’s website shows no scheduled oral arguments.

This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.

This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on May 1, 2015.

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