Significant military justice event this week: The Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) will hold a public meeting this Friday, February 14, 2020, from 9:00 a.m. to 3:30 p.m., at the Westin Arlington Gateway Hotel, 801 N Glebe Road, Arlington, VA 22203 Arlington, Virginia. Additional details about the meeting are available here and the agenda is available here.
This week at SCOTUS: I’m not aware of any 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; oral arg. on Mar. 23)
- Richards v. Donovan, et al., No. 19-55 (pet. filed Jun. 8; resp. req. Aug. 14, due. Mar. 23)
- McDonald v. United States, No. 19-557 (pet filed Oct. 28; resp. req. Nov. 21, resp. due Feb. 21)
- Kelly v. United States, No. 19A645 (ext. of time to file cert. pet. granted to Feb. 13)
- Voorhees v. United States, No. 19-796 (pet. filed. Dec. 20; resp. due Feb. 20)
This week at CAAF: CAAF will hear oral argument in two cases this week, both on Tuesday, February 11, 2020:
At 9:30 a.m.:
United States v. Clark, No. 19-0411/AR (CAAFlog case page)
I. Did the military judge err in applying R.C.M. 914?
II. If the military judge erred, under what standard should this Court assess prejudice?
III. Was there prejudice under the applicable standard of review?
United States v. Carter, No. 19-0382/AR (CAAFlog case page)
I. Whether trial defense counsel were ineffective for failing to introduce exculpatory evidence in their possession.
II. Whether the military judge abused his discretion by failing to order a mistrial for the charges and specifications.
III. Whether the military judge committed plain error by admitting evidence of historical cell-site location information. See Carpenter v. United States, 138 S. Ct. 2206 (2018).
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, February 13, 2020, at noon at the University of Texas at Austin:
United States v. McPherson, No. 20180214
Issue: Whether the statute of limitations expired for the Specifications of Charge I.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on February 20, 2020.
This week at the CGCCA: The Coast Guard CCA’s website shows no scheduled oral arguments.
This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on February 19, 2020.