Thursday, January 08, 2009
Yesterday, NMCCA ordered another en banc oral argument on the topic of the new Article 120's constitutionality. United States v. Neal, NMCCA NO. 200800746 (N-M. Ct. Crim. App. Jan. 7, 2009) (order). The argument will be held on 23 January 2009 at 1000. The issue to be argued is: "WHETHER THE MILITARY JUDGE ERRED BY GRANTING THE DEFENSE MOTION TO DISMISS THE SOLE CHARGE ALLEGING A VIOLATION OF ARTICLE 120(e), UCMJ, AS UNCONSTITUTIONAL." The order also included this interesting footnote: "Counsel should be prepared to discuss the applicable due process framework for analyzing the respective burdens of proof under Article 120(t)(16), UCMJ. See Medina v. California, 505 U.S. 437 (1992); Cooper v. Oklahoma, 517 U.S. 348 (1996); Weiss v. United States, 510 U.S. 163 (1994)."
Posted by Dwight Sullivan at 5:34 PM