CAAFlog » TWIMJ

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

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

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

Tuesday, September 27, 2016, at 10 a.m.: United States v. Keen, No. 20150168

Issue: WHETHER THE MILITARY JUDGE ACTED AS COUNSEL OR LEGAL OFFICER AS TO ANY OFFENSE CHARGED OR IN APPELLANT’S CASE GENERALLY OR FORWARDED CHARGES IN APPELLANT’S CASE WITH A PERSONAL RECOMMENDATION AS TO DISPOSITION WHEN HE WAS CHIEF OF MILITARY JUSTICE AT III CORPS?

Thursday, September 29, 2016, at 10 a.m.: United States v. Williams, No. 20130446

Issues:
I.A. WHETHER THE MILITARY JUDGE FAILED TO ADDRESS THE INCONSISTENCIES THAT AROSE WHEN APPELLANT PLEADED GUILTY TO SPECIFICATION 4 OF CHARGE VI (CONSENSUAL INDECENT ACTS) BUT WAS LATER FOUND GUILTY OF SPECIFICATION 1 OF CHARGE VI (RAPE BY FORCE) BASED ON THE SAME SEXUAL ACT?

I.B. WHETHER THE MILITARY JUDGE FAILED TO ADDRESS THE INCONSISTENCIES THAT AROSE WHEN APPELLANT PLEADED GUILTY TO SPECIFICATION 3 OF CHARGE IX (PATRONIZING A PROSTITUTE) BUT WAS LATER FOUND GUILTY OF SPECIFICATION 1 OF CHARGE VI (RAPE BY FORCE) FOR THE SAME SEXUAL ACT?

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on October 7, 2016.

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 three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

This week at the ACCA: The Army CCA will hear oral argument in three cases this week. One of these arguments, on Friday, will occur at Boston University School of Law:

Wednesday, September 21, 2016, at 10 a.m.: United States v. Sosa, No. 20140869

Issues:
I. WHETHER THE MILITARY JUDGE’S FAILURE TO PROPERLY INSTRUCT ON THE ELEMENTS OF AGGRAVATED ASSAULT WAS HARMLESS BEYOND A REASONABLE DOUBT?

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE DEFENSE MOTION TO SUPPRESS THE HIV STATUS OF SPC SS BECAUSE ITS PREJUDICIAL EFFECT OUTWEIGHED ITS PROBATIVE VALUE AND BECAUSE THE GOVERNMENT WAS UNABLE TO PRODUCE A POSSIBLE ALTERNATIVE SOURCE OF SPC SS’S HIV?

Wednesday, September 21, 2016, at 1 p.m.: United States v. Mazzie, No. 20140923

Issues:
THE ASSIGNED ERROR: WHETHER APPELLANT SUFFERED MATERIAL PREJUDICE TO HIS SUBSTANTIAL RIGHT TO DUE PROCESS WHERE TRIAL COUNSEL FAILED TO DISCLOSE THE FACTS OF AN ARMY REGULATION 15-6 INVESTIGATION OF A KEY GOVERNMENT WITNESS PRIOR TO TRIAL, IN VIOLATION OF BRADY V. MARYLAND AND RULE FOR COURTS-MARTIAL 701.

THE SPECIFIED ISSUE: WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE AT TRIAL WHEN HIS COUNSEL FAILED TO INVESTIGATE POTENTIAL IMPEACHMENT EVIDENCE OF GOVERNMENT WITNESSES, FAILED TO UTILIZE ANY IMPEACHMENT EVIDENCE ON CROSS-EXAMINATION OF GOVERNMENT WITNESSES, AND  FAILED TO FURTHER INVESTIGATE THE ARMY REGULATION 15-6 INVESTIGATION INTO MS. DENISE LYONS OR FILE A MOTION TO COMPEL PRODUCTION OF THE AVAILABLE PARTS OF THE INVESTIGATION PRIOR TO TRIAL.

Friday, September 23, 2016, at 10:30 a.m., at Boston University School of Law: United States v. Bostik, No. 20140880

Issue: IN DENYING THE DEFENSE’S MOTION TO SUPPRESS STATEMENTS, DID THE MILITARY JUDGE ERR WHEN HE FOUND THAT PRIVATE FIRST CLASS BOSTICK RE-INITIATED THE CID INTERVIEW AFTER HE INITIALLY INVOKED HIS RIGHT TO COUNSEL?

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on October 7, 2016.

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 three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Tuesday, September 13, 2016, at noon. This oral argument will occur at Florida International University College of Law in Miami, Florida:

United States v. Davis, No. 20150100

Issue: Whether the military judge erred by excluding evidence under military rule of evidence 412 which denied the appellant the opportunity for effective cross-examination.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Turner, No. S32317, on Thursday, September 15, 2016 at 10 a.m. No additional case information is available on the CCA’s website.

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: The petition in Caldwell was distributed for conference on September 26. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, September 7, 2016, at 10 a.m.:

United States v. Bonilla, No. 20131084

Issues:
[I.] WHETHER APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT WHEN HIS CIVILIAN DEFENSE COUNSEL FAILED TO CALL A KEY DEFENSE WITNESS TO IMPEACH A.M.

[II.] WHETHER THE MILITARY JUDGE ERRED BY ALLOWING A DAMAGING HEARSAY STATEMENT INTO EVIDENCE AFTER HE ALREADY RULED THE SPECIFIC STATEMENT INADMISSIBLE.

[III.] WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN PROHIBITING THE DEFENSE FROM COMPLETING THEIR CLOSING ARGUMENT.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on September 15, 2016.

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: The Solicitor General waived the right to respond to the cert. petition in Caldwell. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on September 7, 2016.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on September 15, 2016.

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: As discussed here, a cert. petition was filed in Caldwell v. United States, No. 16-209 (CAAFlog case page). I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on October 11, 2016.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on September 7, 2016.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Slape, No. 38801, on Thursday, August 25, 2016, at 10 a.m.

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: The cert petition in Akbar was distributed for conference on September 26. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:

This week at CAAF: CAAF has announced its oral argument schedule for the October 2016 Term. There are 27 scheduled oral argument dates:

October 2016: 11, 12, 25, 26
November 2016: 1, 2, 15, 16
December 2016: 6, 7
January 2017: 10, 11, 24, 25
February 2017: 7, 8, 28
March 2017: 1, 14, 15
April 2017: 4, 5, 25, 26
May 2017: 9, 10, 23

This week at the ACCA: The next scheduled oral argument at the Army CCA is on September 7, 2016.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Mancini, No. 38783, on Thursday, August 16, 2016, at 10 a.m.

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: The Solicitor General filed the Government’s opposition to the cert petition in Akbar. I’m not aware of any military justice developments at the Supreme Court, where I’m tracking two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, August 10, 2016, at 10 a.m.:

United States v. Murphy, No. 20130333

Issue: Whether the military judge abused his discretion by denying the defense motion to compel production of expert assistance at trial.

This week at the AFCCA: As noted here, the AFCCA’s website is currently inaccessible. Update: The next scheduled oral argument at the Air Force CCA is on August 18, 2016.

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 two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, August 3, 2016, at 10 a.m.:

United States v. Ahern, No. 20130822

Issues:
I. [WHETHER] IT WAS PLAIN ERROR WHEN THE MILITARY JUDGE ALLOWED TRIAL COUNSEL TO ARGUE THAT APPELLANT FAILED TO DENY SEVERAL PRETRIAL ALLEGATIONS “BECAUSE HE WAS GUILTY.”

II. [WHETHER] IT WAS PLAIN ERROR WHEN THE MILITARY JUDGE PERMITTED TRIAL COUNSEL TO ARGUE THAT APPELLANT’S CONSULTATION WITH A CRIMINAL DEFENSE ATTORNEY WAS INDICATIVE OF HIS GUILT.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 18, 2016.

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 two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on August 3, 2016.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 18, 2016.

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 two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on August 22, 2016.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 18, 2016.

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.

Significant military justice event this week: The Young Lawyers Division of the American Bar Association will host a free webinar on the Bergdahl case on Wednesday, July 13, 2016, from 1:00 p.m. to 2:00 p.m. (eastern time). Register here.

This week at SCOTUS: The Solicitor General received an additional extension of time to respond to the cert. petition in Akbar. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Tuesday, July 12, 2016, at 2 p.m.:

United States v. Bonilla, No. 20131084

Issues:
I. Whether the military judge erred by allowing a damaging hearsay statement into evidence after he already ruled the specific statement inadmissible.
II. Whether the military judge abused his discretion in prohibiting the defense from completing their closing argument.

Note: This argument was rescheduled from June 14.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 18, 2016.

This week at the CGCCA: The Coast Guard CCA will hear oral argument in one case this week, on Tuesday, July 12, 2016, at 10 a.m.:

United States v. Riesbeck

Issue: Whether the panel of members was properly selected.

Note: Our prior discussion of this case is available here and here.

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 two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on July 12, 2016.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 25, 2016.

This week at the CGCCA: The next scheduled oral argument at the Coast Guard CCA is on July 12, 2016.

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 two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on July 12, 2016.

This week at the AFCCA: I’m unable to access the Air Force CCA’s website.

This week at the CGCCA: The next scheduled oral argument at the Coast Guard CCA is on Tuesday, July 12, 2016 at at a.m.

This week at the NMCCA: The Navy-Marine Corps CCA will hear oral argument in one case this week, on Thursday, June 30, 2016, at 10 a.m.:

United States v. Darnall

Case summary: A panel of members with enlisted representation sitting as a general court-martial convicted appellant, contrary to his pleas, of four specifications of conspiracy; one specification of making a false official statement; twelve specifications of importing, possessing with the intent to distribute, distributing, and manufacturing controlled substances; four specifications of possessing, distributing, and importing controlled substance analogues; and seven specifications of using a communication facility in furtherance of a conspiracy in violation of Articles 81, 107, 112a, and 134, UCMJ, 10 U.S.C. §§ 881, 907, 912a, and 934 (2012). The members sentenced appellant to reduction in pay grade to E-1, six years’ confinement, and a dishonorable discharge. The Convening Authority approved the adjudged sentence, suspended confinement in excess of five years, and, except for the dishonorable discharge, ordered the sentence executed.

Issue: THE MILITARY JUDGE HELD THAT THERE WAS SUFFICIENT PROBABLE CAUSE FOR A CID AGENT TO ARREST APPELLANT. WAS THIS AN ERRONEOUS RULING, AND IF SO, SHOULD ALL EVIDENCE FLOWING FROM THE APPREHENSION HAVE BEEN SUPPRESSED AT TRIAL?

This week at SCOTUS: The cert. petition in Sullivan was distributed for conference on September 26. I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking two cases:

This week at CAAF: CAAF has completed its oral argument calendar for the term. Details about this term’s cases are available on our 2015 Term of Court page.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on July 12, 2016.

This week at the AFCCA: I’m unable to access the Air Force CCA’s website.

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 will hear oral argument in one case this week, on Tuesday, June 21, 2016, at 10 a.m.:

United States v. Ellis

Case summary: A panel of members with enlisted representation sitting as general court-martial convicted the appellant, contrary to his pleas, of two specifications of rape, two specifications of sexual assault, three specifications of abusive sexual contact, and three specifications of assault consummated by a battery, in violation of Articles 120 and 128, UCMJ, 10 U.S.C. §§ 920, 928 (2012). The members sentenced appellant to two years’ confinement, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed. The issue to be argued before this Court is as follows:

Issue: WHETHER THE MILITARY JUDGE ERRED IN DENYING THE APPELLANT HIS RIGHT TO CONFRONT HIS ACCUSERS ABOUT VICTIM/VICTIM ADVOCATE DISCUSSIONS PURSUANT TO THE SIXTH AMENDMENT, U.S. CONST., M.R.E. 608(C) AND M.R.E. 514(D)(3).