CAAFlog » TWIMJ

Significant military justice event this week: The 2015 meeting of the Code Committee will occur on Tuesday, March 3, 2015, at 10:00 a.m., at CAAF (notice here). As with the past two years (discussed here (2014) and here (2013)), I plan to attend and post notes.

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 March 17, 2015.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on March 17, 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 Wednesday, February 25, 2015:

United States v. Simmermacher, No. 14-0744/NA (CAAFlog case page)

Issue: When the Government destroys evidence essential to a fair trial, the Rules for Courts-Martial require the military judge to abate the proceedings. Here, the Government negligently destroyed the sole piece of evidence that provided the basis for HM3 Simmermacher’s conviction prior to both the referral of charges and the assignment of defense counsel. Should the military judge have abated the proceedings?

Case Links:
NMCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument preview

United States v. Woods, No. 14-0783/NA (CAAFlog case page)

Issue: Whether the military judge erred by denying a challenge for cause against the court-martial president, who said the “guilty until proven innocent” standard is “essential” to the military’s mission.

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

This week at the ACCA: The next scheduled oral argument at the Army CCA is on March 18, 2015.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Solis, on Monday, February 23, 2015, at 12:05 p.m. at the George Washington University Law Center, Washington D.C.

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 February 25, 2015.

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

Wednesday, February 18, 2015, at 3:30 p.m., at Baylor Law School in Waco, Texas:

United States v. Sneed,  No. 20131062

Issue: Whether the military judge abused his discretion by accepting Private Sneed’s plea [of guilty] to kidnapping in violation of clause[s] one and two, Article 134, UCMJ, when the holding of Specialist BG was solely a means of force to take her debit card without her consent.

Thursday, February 19, 2015, at 1 p.m., at Fort Hood, Texas:

United States v. Evans, No. 20130647

Issue: Whether the military judge abused his discretion by denying the defense motion to suppress because the Government obtained a statement from 1LT Evans in violation of Article 31, UCMJ.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. Richards, No. 38346, on Tuesday, February 17, 2015, at 10 a.m.

Update (February 17, 2015): Due to Joint Base Andrews being closed for the heavy snowfall, oral argument at the Air Force Court of Criminal Appeals in the case of United States v. Richards, No. 38346, has been rescheduled to Wednesday, February 18, 2015, at 1000 hours. Thanks to the reader who sent us this update.

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.

Correction (10 Feb): Blouin will be argued on Tuesday, and Castillo will be argued on Wednesday.

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:

Tuesday, February 10, 2015

United States v. Arness, No. 14-8014/AF (CAAFlog case page)

Issue: Whether the United States Air Force Court of Criminal Appeals had jurisdiction to entertain a writ of error coram nobis where there was no statutory jurisdiction under Article 66(b)(1), UCMJ, on the underlying conviction and the case was not referred to the Court of Criminal Appeals by the Judge Advocate General under Article 69(d)(1), UCMJ, and where the Court of Criminal Appeals relied on potential jurisdiction under Article 69(d), UCMJ, as its basis for entertaining the writ (citing Dew v. United States, 48 M.J. 639 (Army Ct. Crim. App. 1998)).

Case Links:
AFCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Blog post: Two interesting grants and a really interesting order from CAAF
Blog post: Argument preview

United States v. Blouin, No. 14-0656/AR (CAAFlog case page)

Issue: Whether the military judge erred by accepting Appellant’s pleas of guilty to the specification of the charge where Prosecution Exhibit 4 demonstrated that the images possessed were not child pornography.

Case Links:
ACCA opinion
Blog post: ACCA furthers a broader definition of what CP is
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

Wednesday, February 11, 2015

United States v. Castillo, No. 14-0724/NA (CAAFlog case page)

Issue: Whether the lower court improperly determined that duty to self-report one’s own criminal arrests found in Office of the Chief of Naval Operations Instruction 3120.32c was valid despite the instruction’s obvious conflict with superior authority and the Fifth Amendment.

Case Links:
NMCCA opinion
Blog post: The Return of Self-Reporting? NMCCA Reverses Course on Serianne
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

United States v. Carter, No. 14-0792/AR (CAAFlog case page),

Issue: Whether the military judge abused her discretion by preventing defense counsel from presenting facts of appellant’s unlawful pretrial punishment as mitigation evidence at sentencing.

Case Links:
ACCA opinion (summary disposition)
Appellant’s Brief
Appellee’s (Government) brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on February 18, 2015.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 17, 2015.

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 arguments at CAAF are on February 10, 2015.

This week at the ACCA: The Army CCA will hear oral argument in two cases this week, both on Thursday, February 5, 2015:

United States v. Moellering, No. 20130516

Issue:
Whether the military judge failed to instruct the panel on the element of lack of consent for Specifications 1 and 2 of Charge I, thereby lessening the Government’s burden of proof for Charge I.

United States v. Doshier, No. 20120691

Issues:
I. Whether the members failed to follow the military judge’s instructions to make special findings regarding the Specification of Charge IV and found Appellant guilty without determining whether the Government proved each alleged image met the elements of possession of child pornography beyond a reasonable doubt?
II. Whether defense counsel’s performance was deficient, in particular counsel’s failure to investigate, advise, and prepare the accused to testify or remain silent, and whether this deficiency resulted in prejudice rising to a reasonable probability that, but for counsel’s deficient performance, the result of the trial would have been different?

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 17, 2015.

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: A meeting of the Judicial Proceedings Panel will be held on Friday, January 30, 2015, at One Liberty Center, Suite 150, Conference Room, 875 North Randolph Street, Arlington VA 22203. Additional information is available here.

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

This week at CAAF: CAAF will hear oral argument in two cases this week, both on Tuesday, January 27, 2015, beginning at 9 a.m.:

United States v. Olson, No. 14-0166/AF (CAAFlog case page)

Issue: Whether the military judge erred by denying the Defense’s motion to suppress the evidence seized from Appellant’s house because the totality of the circumstances indicated that Appellant’s consent to search was involuntary.

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

United States v. Muwwakkil, No. 15-0112/AR (CAAFlog case page)

Issues:
I. Whether the U.S. Army Court of Criminal Appeals erred in its application of both the federal Jencks Act (18 U.S.C. § 3500) and Rule for Courts-Martial 914.
II. Whether the U.S. Army Court of Criminal Appeals erred in its deference to the military judge’s findings and conclusions, as she failed to consider the totality of the case, and instead made a presumption of harm before ordering an extraordinary remedy. See, e.g., Killian v. United Utates, 368 U.S. 231 (1961).

Case Links:
ACCA opinion (73 M.J. 859)
Blog post: The Army enforces Jencks
Blog post: The Army JAG certifies Jencks issue in Muwwakkil
Appellant’s (Government) brief
Appellee’s brief
Blog post: Argument preview

This week at the ACCA: The Army CCA will hear oral argument in one case this week, Monday, January 26, 2015, at 2 p.m.:

United States v. Burke, No. 20120448

Issues:
I. United States v. Miranda requires that a suspect be read his rights when the suspect is interrogated while the subject’s freedom of action is deprived in any significant way. Here, Appellant’s commander ordered Appellant to report to the battalion headquarters to perform “special duty” where he was informed of his wife’s death, he was not dismissed by his superiors or otherwise free to leave, and then was interviewed by civilian law enforcement. Thus, when Appellant was questioned, his freedom of action was deprived in a significant way, and the military judge abused his discretion when [he] admitted Appellant’s statements to law enforcement absent Miranda warnings.
II. Servicemembers must be read their Article 31(b), UCMJ, rights when they are suspected of an offense and questioned by a party subject to the code or otherwise an agent of one subject to the code. Here, civilian law enforcement agents coordinated a suspect interview with appellant’s command, came onto the military installation, and conducted the interview in the battalion conference room, appellant’s appointed place of duty. In availing themselves of the benefits of using the military command and installation to conduct their suspect interview, the government cannot show that the subtle pressures of the military environment were not present, and thus, the military judge erred in ruling that article 31(b) rights warnings were not required prior to questioning.

This week at the AFCCA: The Air Force CCA will hear oral argument in United States v. O’Connor, No. 38420, on Friday, January 30, 2015, at 10 a.m.

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 Court denied the cert petition in Daniel v. United States, No. 14-621. I’m not aware of any other military justice developments at the Supreme Court, where I am now tracking no cases.

This week at CAAF: The next scheduled oral argument at CAAF is on Tuesday, January 27, 2015.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on January 26, 2015.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on January 30, 2015.

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 Judicial Proceedings Panel will hold a public meeting on Friday, January 16, 2015, at the U.S. District Court for the District of Columbia, 333 Constitution Avenue NW., Courtroom #20, 6th Floor, Washington, DC 20001. Additional details are available here.

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: CAAF will hear oral argument in two cases this week, both on Wednesday, January 14, 2015:

United States v. Adams, 14-0495/AR (CAAFlog case page)

Issue: Whether the Army Court of Criminal Appeals erred in finding that the military judge did not abuse his discretion in admitting the portion of Appellant’s sworn statement regarding the [theft] of cocaine because the Government failed to corroborate, in accordance with Military Rule of Evidence 304(g), the essential fact that appellant took cocaine.

Case Links:
ACCA opinion
Appellant’s brief
Appellee’s (Government) brief
Blog post: Argument preview

United States v. Norman, No. 14-0524/MC (CAAFlog case page)

Issue: Whether the conviction for child endangerment by culpable negligence is legally insufficient when the only testimony offered to prove its service discrediting nature was admitted in error.

Case Links:
NMCCA opinion
Appellant’s brief
Appelleee’s (Government) brief
Appellant’s reply brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on February 18, 2015.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on January 30, 2015.

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, where I’m tracking one case:

This week at CAAF: The next scheduled oral argument at CAAF is on Wednesday, January 14, 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 January 30, 2015.

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.

Tomorrow we will begin our countdown of the Top 10 Military Justice Stories of 2014. Prior lists are available here.

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 next scheduled oral argument at CAAF is on Wednesday, January 14, 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 January 30, 2015.

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, where I’m tracking one case:

This week at CAAF: The next scheduled oral argument at CAAF is on Wednesday, January 14, 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 January 30, 2015.

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 solicitor general waived the Government’s right to respond to the petition in Daniel. 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 next scheduled oral argument at CAAF is on Wednesday, January 14, 2015.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, December 18, 2014, at 10 a.m.:

United States v. Chandler, No. 20120680

Issue: Whether the military judge abused his discretion when he held a hearing in revision, with the same panel, in order to correct an erroneous finding instruction.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on January 30, 2015.

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 Tuesday, December 16, 2014, at 10 a.m.:

United States v. Parker

Case summary: A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of three specifications of attempted violation of a lawful general order, one specification of willfully disobeying a lawful order of a superior commissioned officer, seven specifications of violation of a lawful general order, two specifications of consensual sodomy, four specifications of adultery, and one specification of solicitation of indecent conduct, in violation of Articles 80, 90, 92, 125, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 880, 890, 892, 925, and 934 (2012). The military judge sentenced the appellant to sixty months’ confinement, reduction to pay-grade R-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged, and, except for the dishonorable discharge, ordered it executed.

Issue: Laws that treat constitutionally-protected acts differently must be rationally related to a legitimate state interest. Private, consensual sex and sodomy between adults are constitutionally protected. The maximum punishment for Article 125, UCMJ, consensual sodomy, includes five years of confinement. The maximum punishment for Article 92, UCMJ, consensual sex, includes only two years of confinement. Because this difference no longer serves any legitimate state interest, is the maximum punishment for Article 125 unconstitutional?

Significant military justice event this week: The Judicial Proceedings Panel (JPP) will hold a public meeting on Friday, December 12, 2014, at the Holiday Inn Arlington at Ballston, 4610 N. Fairfax Drive, Arlington, Virginia 22203. Here is a link to a public notice of the meeting. I discussed the DoD’s establishment of the JPP in this post. The panel’s website is: http://jpp.whs.mil/

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: CAAF will hear oral argument in four cases this week:

Tuesday, December 9, 2014, beginning at 9:30 a.m.:

United States v. Buford, No. 14-6010/AF (CAAFlog case page)

Certified Issue: Whether the military judge abused her discretion by suppressing evidence from the dell laptop, hewlett-packard laptop, and centon hard drive.
Granted Issue: Whether the Air Force Court of Criminal Appeals (AFCCA) erred by finding A.B. consented to law enforcement’s search of the centon thumb drive and the dell laptop.

Case Links:
AFCCA oral argument audio
AFCCA opinion
Blog post: AFCCA partially denies a Government appeal of a suppression ruling
Blog post: The Air Force certifies Buford
Blog post: Hernandez appeals and CAAF grants in Buford
Appellant’s (Government) brief on the certified issue
Appellee’s brief on the certified issue
Cross-Appellant’s supplement to the petition for grant of review
Cross-Appellee’s (Government) answer to the petition for grant of review

United States v. Gutierrez, No. 13-0522/AF (CAAFlog case page)

Issues:
I. Whether the evidence was legally insufficient to find beyond a reasonable doubt that appellant committed assault likely to result in grievous bodily harm.
II. Whether the evidence was legally sufficient to find beyond a reasonable doubt that appellant committed adultery.
III. Whether the facially unreasonable delay in post trial processing deprived appellant of his due process right to speedy review pursuant to United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006).

Case Links:
AFCCA opinion
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief
• Brief of Amicus Curiae (Army Defense Appellate Division)

Wednesday, December 10, 2014, beginning at 9:30 a.m.:

United States v. Torres, No. 14-0222/AF (CAAFlog case page)

Issue: Whether the military judge erred by denying the defense requested instruction.

Case Links:
AFCCA opinion
Blog post: CAAF grants review in 7th instructional error case of the term
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief

United States v. Bennitt, No. 12-0616/AR (CAAFlog case page)

Issue: Whether the Army Court of Criminal Appeals abused its discretion by re-affirming appellant’s approved sentence after this court set aside his conviction for manslaughter.

Case Links:
United States v. Bennitt, 72 M.J. 266 (C.A.A.F. 2013) (CAAFlog case page)
ACCA opinion
Blog post: Bennitt’s sentence remains the same
Blog post: Two new grants (one predicted, the other a trailer) and the return of Senior Judge Cox
Appellant’s brief
Appellee’s (Government) brief
Appellant’s reply brief

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, December 10, 2014, at 10 a.m.:

United States v. Rude, No. 20120139

Issues:
I. Whether the military judge erred in failing to apply any of the procedural safeguards required before permitting the members to consider propensity evidence under Mil. R. Evid. 413, and by giving an erroneously tailored spillover instruction regarding the proper use of propensity evidence.
II. Whether the military judge erred in denying the defense motion to compel an expert consultant.

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 Wednesday, December 10, 2014, at 10 a.m.:

United States v. Oakley

Case summary: At the appellant’s retrial, a panel of members with enlisted representation, sitting as a general court-martial, convicted the appellant, contrary to his pleas, of one specification of aggravated sexual assault and one specification of committing an indecent act, in violation of Article 120, UCMJ, 10 U.S.C. § 920 (2008). The members sentenced the appellant to five years’ confinement, total forfeiture of pay and allowances, reduction to paygrade E-1, and a dishonorable discharge. Due to the limitations required by the appellant’s sentence at his previous court-martial, the convening authority approved only so much of the sentence as provided for confinement for three months, total forfeiture of pay and allowances, reduction to paygrade E-1, and a bad-conduct discharge.

Issue: Did the military judge’s findings of not guilty to the words “on divers occasions” in the first trial create an ambiguous verdict and a double jeopardy violation that precludes this court’s review of specifications 1 and 2 under Article 66, UCMJ?

We mentioned the NMCCA’s decision reversing the original conviction in this post.

Significant military justice event this week (and another next week): Public comments for the recently-proposed changes to the Manual for Courts-Martial (discussed here) are due no later than Tuesday, December 2, 2014.

Additionally, here is a link to a public notice of the next meeting of the Judicial Proceedings Panel (JPP). This meeting will occur next week, on Friday, December 12, 2014, at the Holiday Inn Arlington at Ballston, 4610 N. Fairfax Drive, Arlington, Virginia 22203. I discussed the DoD’s establishment of the JPP in this post. The panel’s website is: http://jpp.whs.mil/

This week at SCOTUS: A cert petition was filed on November 26th in the Air Force case of Daniel v. United States, No. 14-621. Petitioner was convicted contrary to his pleas of not guilty, by a general court-martial composed of six officer members, of one specification of abusive sexual contact in violation of Article 120 (2012) (he was acquitted of a separate specification of sexual assault). The members sentenced Petitioner to confinement for 12 months, reduction to E-1, and a dishonorable discharge. On review at the AFCCA, Petitioner challenged the constitutionality of the ability of a court-martial panel consisting of six members to return a non-unanimous verdict. The CCA rejected this challenge in an unpublished opinion. United States v. Daniel, No. 38322 (Apr. 1, 2014) (link to slip op.). CAAF summarily affirmed the CCA on September 5, 2014 (CAAF granted review and ordered an exhibit sealed).

The cert petition (available here) renews this challenge to the ability of a court-martial panel of six members to return a non-unanimous verdict, with the following question presented:

In Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029 (1978), this Honorable Court ruled that the Fourteenth Amendment was offended when the State of Georgia permitted criminal defendants facing misdemeanor charges to be tried by a jury of five members, even though the verdict was required to be unanimous. This Court explained that as panels get smaller, they begin to suffer from a myriad of structural barriers which render their decisions unreliable. Id., 435 U.S. at 232-36, 98 S.Ct. at 1035-37. The following year, in Burch v. Louisiana, 441 U.S. 130, 99 S.Ct. 1623 (1979), this Court expounded upon Ballew and ruled that “the additional authorization of nonunanimous verdicts” amplifies the problem of small panels to the point that even a six-member jury could offend the Constitution. Burch, 441 U.S. at 139, 99 S.Ct. at 1628.

The question presented is whether all federal criminal courts should be bound by the Ballew and Burch holdings, consistent with the preference for civilian standards of due process and modern efforts to align military judicial processes with those employed by the Article III courts. Was Petitioner denied due process of law under the Fifth Amendment when he was tried by a court-martial consisting of six members who were not required to be unanimous in their verdict?

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

This week at CAAF: The next scheduled oral argument at CAAF is on December 9, 2014.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on December 10, 2014.

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, is on Wednesday, December 3, 2014, at 10 a.m.:

United States v. Henderson

Case summary: A military judge, sitting as a general court-martial, convicted the appellant, contrary to his pleas, of one specification of adultery, in violation of Articles 134, UCMJ, 10 U.S.C. §§ 934. The military judge sentenced the appellant to reduction to paygrade E-3 and a bad-conduct discharge. The convening authority approved the sentence as adjudged.

Issue: The Government must prove each element of an offense beyond a reasonable doubt. Here, the government failed to introduce any evidence to prove that Sgt Henderson’s alleged adultery was prejudicial to good order and discipline or had a tendency to bring the armed services into disrepute or lower it in the public esteem. Is the adultery conviction legally and factually insufficient?

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 December 9, 2014.

This week at the ACCA: The next scheduled oral argument at the Army CCA is on December 10, 2014.

This week at the AFCCA: The Air Force CCA will hear oral argument in two cases this week:

Monday, November 24, 2014, at 1 p.m.:

United States v. Wright, No. 2014-10

Issue: Whether the military judge abused his discretion by abating the proceedings after the government complied with his discovery compliance order, proved beyond a reasonable doubt that no unlawful command influence or appearance thereof existed, and properly asserted the attorney-client and work product privileges

Note: The CCA will hear this argument en banc.

Tuesday, November 25, 2014, at 10 a.m.:

United States v. Henderson, No. 38379

Issues:
I. Whether the military judge abused her discretion by admitting evidence in violation of Mil.R.Evid. 807 and the Sixth Amendment, denying Appellant the right of confrontation.
II. Whether the military judge abused her discretion by admitting prosecution exhibit 7, an out-of-court statement made by MB, as a prior consistent statement, in violation of Mil.R.Evid. 801(d)(1)(b).
III. Whether the military judge denied appellant the right to cross-examine MB, in violation of the Sixth Amendment.

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 December 3, 2014.