This week at CAAF

On Monday, CAAF heard two oral arguments, both in Air Force cases. United States v. Goodin, No. 08-0355/AF; United States v. Von Bergen, No. 03-0629/AF. Audio of those oral arguments is already up on CAAF's web site. Goodin presents this hilariously misleading granted issue: "WHETHER THE MILITARY JUDGE ERRED BY ALLOWING EVIDENCE OF LEGAL PORNOGRAPHY AND SEXUAL ACTS WITH HIS WIFE." The granted issue in Von Bergen is "WHETHER THE MILITARY JUDGE ERRED WHEN HE HELD APPELLANT'S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS 20 SEPTEMBER 2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING." CAAF also requested supplemental briefing "addressing the impact of United States v. Medina, [66 M.J. 21 (C.A.A.F. 2008),] if any, upon the granted issue."

On Tuesday, CAAF will hear a pair of Navy-Marine Corps cases. There are two granted issues in United States v. Thompson, No. 08-0334/MC: "WHETHER THE LOWER COURT ERRED IN HOLDING THAT, EVEN IF THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO SUPPRESS APPELLANT'S CONFESSION TO INVESTIGATOR AR, THE ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT," and "WHETHER THE LOWER COURT ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY SUBSTITUTING ITS FINDING OF GUILT TO RECKLESS ENDANGERMENT UNDER ARTICLE 134, UCMJ, FOR THE COURT-MARTIAL'S FINDING OF GUILT AS TO THE OFFENSE OF KIDNAPPING AS PLED UNDER CHARGE V, SPECIFICATION 2." The granted issue in United States v. Kuemmerle, No. 08-0448/NA, is: "WHETHER THE COURT-MARTIAL HAD JURISDICTION OVER THE OFFENSE OF DISTRIBUTING AN IMAGE OF CHILD PORNOGRAPHY WHERE APPELLANT POSTED THE IMAGE ON THE INTERNET PRIOR TO ENTERING ACTIVE DUTY AND HE TOOK NO FURTHER STEPS TO DISTRIBUTE THE IMAGE AFTER IT WAS INITIALLY POSTED."

After Tuesday, CAAF's next oral argument date is 2 December.