This week at SCOTUS: The Solicitor General filed this reply brief in Briggs on Friday. Additionally, the petitioner in McDonald filed this reply to the Solicitor General’s opposition to the cert. petition, and the petition was distributed for conference on March 27. Finally, the petition in Voorhees was also distributed for conference on March 27.

I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking five cases:

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

Monday, March 16, 2020, at 9:30 a.m.:

United States v. Prasad, No. 19-0412/AF (CAAFlog case page)

Issue: Whether the Air Force Court erred in its first review of Appellant’s case by affirming the findings of guilt for Specifications 1 and 3 of Charge 1 when it found prejudicial error as a result of a Hills violation.

Case Links:
AFCCA opinion
AFCCA opinion after sentence rehearing
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Appellant’s reply brief
Blog post: Argument preview

Followed by:

United States v. Rich, No. 19-0425/AF (CAAFlog case page)

Issues:
I. Did the Court of Criminal Appeals err when it found that mistake of fact as to consent is not a special defense “in issue” for the offense of sexual assault by inducing a belief by concealment that Appellant was someone else?

II. If mistake of fact was not a special defense “in issue,” did the military judge abuse his discretion by denying the defense request for an instruction on mistake of fact?

Case Links:
AFCCA opinion (78 M.J. 591)
AFCCA opinion on reconsideration (en banc) (79 M.J. 572)
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Appellant’s reply brief
Blog post: Argument preview

Tuesday, March 17, 2020, at 9:30 a.m.:

United States v. Baas, No. 19-0377/MC (CAAFlog case page)

Issues:
I. Did admission of an allegedly positive Diatherix Laboratories test for gonorrhea without testimony at trial of any witness from Diatherix violate the Sixth Amendment confrontation clause?

II. Did the lower court abuse its discretion in admitting an alleged positive Diatherix test result for gonorrhea in a child’s rectal swab-where Diatherix failed to follow its own procedures and the result was of near zero probative value?

Case Links:
NMCCA oral argument audio
NMCCA opinion
Blog post: CAAF grants review
Appellant’s brief
Appellee’s (Gov’t Div.) brief
Blog post: Argument preview

Followed by:

United States v. Moore, No. 20-0119/AR (CAAFlog case page)

Issue: Did the army court err when, upon reconsideration, it determined that the 5-year statute of limitations barred the rehearing of the two sexual assault specifications?

Case Links:
ACCA opinion
ACCA opinion on reconsideration
Blog post: CAAF grants review
Appellant’s (Gov’t Div.) brief
Appellee’s brief
Appellant’s (Gov’t Div.) reply brief
Blog post: Argument preview

This week at the ACCA: The next scheduled oral argument at the Army CCA is on May 1, 2020.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on April 24, 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 March 25, 2020.

One Response to “This Week in Military Justice – March 15, 2020”

  1. Bill Cassara says:

    SCOTUS arguments delayed.

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