Sunday, February 15, 2009

This week in military justice -- 15 February 2009 edition

While this will be a truncated work week due to Monday's Presidents Day holiday, it will nonetheless be an eventful one.

This week at the Supreme Court: The Supremes will hold a conference on Friday and several military justice cases have been distributed for it. The cert petition in Cabrera-Frattini v. United States, No. 08-830, the pro se IFP cert petition in Robertson v. United States, No. 08-8095, and the rehearing petition in Ryan v. United States, No. 08-422, have all been distributed for Friday's conference. We'll probably learn those cases' fate (which will almost certainly be denials) a week from tomorrow.

This week at CAAF: CAAF has no oral arguments scheduled this week.

This week at the CCAs: On Wednesday, AFCCA will hear oral argument in a particularly interesting case. The issue that will be argued in United States v. Harvey, No. ACM 36641, is: "IN LIGHT OF UNITED STATES V. MARCUM, 60 M.J. 198 (C.A.A.F. 2004), DID THE MILITARY JUDGE ERR BY NOT ALLOWING THE MEMBERS TO DETERMINE WHETHER APPELLANT'S CONSENSUAL HOMOSEXUAL SODOMY INVOLVED (1) A PROTECTED LIBERTY INTEREST, (2) FACTORS THAT EXCLUDED IT FROM PROTECTION, AND/OR (3) FACTORS RELEVANT SOLELY IN THE MILITARY ENVIRONMENT THAT EXCLUDED IT FROM PROTECTION?" My understanding is that AFCCA denied a request by SLDN to participate in the argument as amicus. Can anyone definitively confirm or deny that understanding?

Thursday is a biggie at ACCA. The Army Court will be hearing oral argument on an interlocutory issue in the capital appeal of United States v. Akbar, No. ARMY 20050514. ACCA's web site tells us that ACCA "granted argument on whether appellant's Motion for Appointment and Funding of a Forensic Psychiatrist and Forensic Psychologist to assist in appellate review should be granted."

This week at the trial level: The No Man informed me that the court-martial of Marine Sgt Jermaine Nelson will start this Wednesday, as reported here by the North County Times. Sgt Nelson is charged with unpremeditated murder in the alleged shooting of a detainee and several other related offenses. He is an alleged co-actor of former Marine Sgt Jose Nazario, who was tried and acquitted in U.S. district court on charges arising from the same incident. Sgt Nelson was held in contempt during that trial for refusing to testify.


Anonymous said...

When is the Prophet going to propose to Congress to change the homo policy? I thought it'd be part of the stimulus package. These homo cases should be OBE soon.

Anonymous said...

Thanks for your valuable insight.

Anonymous said...

It is a sign of how much fun I had this weekend that I read the 8:27 comment as asking about the policy in the Marine homicide case where the Art III judge was jailing someone facing a CM for not testifying.

I was wondering who the prophet was, I didn't recall that poster's name.


Bridget Wilson said...

SLDN has filed amicus, but will not be arguing before the court according to their staff.Dwight,if you can get me an email address to forward to, I will send along the amicus brief.