This week at SCOTUS: The Court granted an extension of time to file a cert. petition in Kelly v. United States, No. 19A645 (disclosure: I represent the petitioner in my private capacity). In United States v. Kelly, 77 M.J. 404 (C.A.A.F. 2018) (CAAFlog case page), a unanimous CAAF held that a court of criminal appeals has the power to disapprove a mandatory minimum punitive discharge, reversing a published en banc (but non-unanimous) decision of the Army CCA. CAAF remanded the case, but on remand the Army Court held that it was prohibited from conducting a plenary review because “CAAF has retained jurisdiction over the case.” United States v. Kelly, 78 M.J. 638, 640 (A. Ct. Crim. App. Nov. 30, 2018) (en banc). CAAF thereafter denied review.
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking five cases:
- United States v. Briggs, No. 19-108 (consolidated) (cert granted on Nov. 15; gov’t brief due on Jan 6)
- Richards v. Donovan, et al., No. 19-55 (pet. filed Jun. 8; resp. req. Aug. 14, due Jan. 21)
- Voorhees v. United States, No. 19A441 (ext. of time to file cert. pet. granted to Dec. 23)
- McDonald v. United States, No. 19-557 (pet filed Oct. 28; resp. req. Nov. 21, due. Dec. 23)
- Kelly v. United States, No. 19A645 (ext. of time to file cert. pet. granted to Feb. 13)
This week at CAAF: The next scheduled date for oral argument at CAAF is January 14, 2020.
This week at the ACCA: The next scheduled oral argument at the Army CCA is on January 23, 2020, at Widener University Commonwealth Law School.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 5, 2020, at the George Washington University Law School.
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’s website shows no scheduled oral arguments.