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’s website shows no scheduled oral arguments.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on September 29, 2015.

This week at the CGCCA: The next scheduled oral argument at the Coast Guard CCA is on September 21, 2015.

This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA’s is on October 15, 2015.

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’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 CCA’s oral argument schedule shows no scheduled oral arguments.

This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA’s is on October 15, 2015.

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’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 CCA’s oral argument schedule shows no scheduled oral arguments.

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 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 CCA’s oral argument schedule shows no scheduled oral arguments.

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 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 CCA’s oral argument schedule shows no scheduled oral arguments.

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 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.