This week at SCOTUS: The Solicitor General filed the government’s brief in Briggs on January 6, 2020. It’s available here. The Solicitor General also received a second extension of time to file the requested response in McDonald.
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 filed Jan. 6)
- Richards v. Donovan, et al., No. 19-55 (pet. filed Jun. 8; resp. req. Aug. 14, due Jan. 21)
- McDonald v. United States, No. 19-557 (pet filed Oct. 28; resp. req. Nov. 21, 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 Jan. 21)
This week at CAAF: CAAF will hear oral argument in four cases this week:
Tuesday, January 14, 2020, at 9:30 a.m.:
United States v. Wall, No. 19-0143/AR (CAAFlog case page)
Granted issue: Whether after setting aside the sentence and ordering a remand, a service Court of Criminal Appeals is authorized to reassess the sentence and limit the lawful sentence the convening authority may approve.
Specified issue: Whether the granted issue is ripe for review at this time.
• ACCA opinion
• Blog post: CAAF grants review
• Blog post: CAAF questions ripeness
• Appellant’s brief
• Appellee’s (Gov’t Div.) brief
• Appellant’s supplemental brief
• Appellee’s (Gov’t Div.) supplemental brief
• Blog post: Argument preview
United States v. Gonzalez, No. 19-0297/AR (CAAFlog case page)
Granted issue: Whether the Army Court abused its discretion by reassessing the sentence after dismissing the most egregious specification, and offering the convening authority the option to approve an excessive sentence for the remaining specification in lieu of a rehearing.
Specified issue: Whether Appellant waived or forfeited his objection to the Army Court’s instructions to the convening authority.
Wednesday, January 15, 2020, at 9:30 a.m.:
United States v. Washington, No. 19-0252/AR (CAAFlog case page)
Issue: Whether the military judge abused her discretion by permitting the unit’s SHARP representative to testify that “when a person says ‘no’ it means stop, walk away.”
United States v. Avery, No. 19-0259/AR (CAAFlog case page)
Issue: Whether the specification of Charge II, alleging the communication of indecent language to a child in violation of Article 134, UCMJ, was preempted by Article 120b.
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.