Significant military justice event this week: The Joint Service Committee on Military Justice will hold a public meeting on Wednesday, February 19, 2020, at 10:00 a.m., at CAAF, about the proposed changes to the Manual for Courts-Martial for 2020 (discussed here).
This week at SCOTUS: A new military cert. petition was filed in Kelly v. United States, No. 19-1011. The petition is available here. In 2018, CAAF held that a CCA has the authority to disapprove a mandatory minimum punitive discharge, reversing a published, en banc decision of the Army CCA. On remand, however, in a second published, en banc decision, the CCA refused to consider any issue beyond the appropriateness of the discharge, concluding in part that CAAF “retained jurisdiction over the case.” 78 M.J. 638, 640 (A. Ct. Crim. App. 2018). CAAF, however, denied a petition for further review and took no further action in the case. The question presented by the petition is:
Whether a military Court of Criminal Appeals must review the results of a court-martial anew when the court previously reviewed the case but its judgment was set aside.
Disclosure: I represent the petitioner in my personal capacity and am counsel of record on the petition.
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking five cases:
This week at CAAF: The next scheduled date for oral argument at CAAF is March 16, 2020, however no arguments are posted on the court’s public calendar.
This week at the ACCA: The Army CCA’s website shows no scheduled oral arguments.
This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Hernandez, No. 39606, on Thursday, February 20, 2020, at 2 p.m., at Liberty University School of Law, 1971 University Boulevard, Lynchburg, VA 24515. No additional information is available on the CCA’s website.
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 will hear oral argument in one case this week, on Wednesday, February 19, 2020, at 10 a.m.:
United States v. Sandoval, No. 2021800355
I. Did the military judge err when he instructed the members they could use charged offenses to defeat BM1 Sandoval’s entrapment defense on other charges?
II. Is Specification 1 of Charge II, alleging attempted inducement of a minor, legally sufficient?