October 2019 Term of Court

Note: This page may include cases set for argument in the near future.

 

Cases heard at oral argument this term: 8
Argued cases decided by authored decision: 0
Argued cases decided per curiam or by summary disposition: 0
Argued cases pending decision: 8
Other cases noted below: 0

 

Cases Heard at Oral Argument Pending Decision (chronological by date of argument):

United States v. Rice, No. 19-0178/AR (CAAFlog case page) (argued on October 16, 2019): A single granted issue questions the Army CCA’s published decision that found a double jeopardy violation but did not give any relief.

United States v. Hennis, No. 17-0263/AR (CAAFlog case page) (argued on October 22, 2019): Hennis is a capital case, CAAF’s review is mandatory, and each side will get 60 minutes (three times the normal 20 minutes) to argue five issues challenging jurisdiction and rulings by the military judge.

United States v. Bess, No. 19-0086/NA (CAAFlog case page) (argued on Wednesday, October 23, 2019): Three issues challenge the racial composition of the court-martial panel and a ruling by the military judge that denied a defense request for discovery about the racial composition of the unit.

United States v. Guardado, No. 19-0139/AR (CAAFlog case page) (argued on Wednesday, October 23, 2019): CAAF is reviewing a ruling by the military judge that denied credit for punishment inherent in the loss of pay during the time before a retrial (an issue addressed three years ago, in Howell v. United States, 75 M.J. 386 (C.A.A.F. 2016) (CAAFlog case page)).

United States v. Jessie, No. 19-0192/AR (CAAFlog case page) (argued on Tuesday, November 5, 2019): Three granted issues challenge the Army CCA’s refusal to consider confinement conditions (including a policy prohibiting all contact with children, direct or indirect) as part of its sentence appropriateness review.

United States v. Muller, No. 19-0230/AF (CAAFlog case page) (argued on Tuesday, November 5, 2019): CAAF is reviewing rules related to the remand of a case to a convening authority for correction of the record of trial.

United States v. Davis, No. 19-0104/AR (CAAFlog case page) (argued on Wednesday, November 6, 2019): One issue – granted after the Supreme Court decided United States v. Rehaif, 139 S. Ct. 2191, 2196 (2019) – questions whether the word knowingly in Article 120c(a)(2) applies to the consent element.

United States v. Turner, No. 19-0158/AR (CAAFlog case page) (argued on Wednesday, November 6, 2019): CAAF is reviewing the adequacy of a specification of attempted murder that did not explicitly allege that the killing was unlawful.

 

Authored Decisions (chronological by date of decision):

None yet.

 

Summary & Per Curiam Decisions in Argued Cases (chronological by date of decision):

None yet.

 

Other Decisions:

None yet.

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