Sunday, March 29, 2009

This week in military justice -- 28 March 2009 edition

This week at the Supreme Court: I know of no expected military justice activity at the Supreme Court this week.

This week at CAAF: CAAF has no oral arguments this week. If any opinions or grants are announced this week, we will post them.

This week at the CCAs: This is a busy week for CCA oral arguments, with three of the four CCAs hearing a case. On Tuesday, ACCA will hear oral arugment in United States v. Perez, No. ARMY 20071308. The assignment of error being argued in Perez is: "THE EVIDENCE IS LEGALLY AND FACTUALLY INSUFFICIENT TO SUPPORT APPELLANT’S CONVICTION OF MALTREATMENT UNDER ARTICLE 93, UCMJ, (THE SPECIFICATION OF CHARGE II) BECAUSE THE COMMENTS MADE WERE NEITHER SEVERE NOR PERVASIVE ENOUGH TO RISE TO THE LEVEL OF MALTREATMENT." On Wednesday, AFCCA will be hearing oral argument in United States v. Gurry. Jack Zimmerman will be orally arguing the case for the appellant. I'll post the precise issues to be orally argued tomorrow, but the principal issue in the case is an IAC claim based on allegedly inadequate advice provided to the accused during trial. Also on Wednesday, the Navy-Marine Corps Court will be hearing oral argument on an Article 46 issue in United States v. Delgado: "WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING APPELLANT'S REQUESTS FOR ADDITIONAL EXPERT ASSISTANCE IN THE FIELDS OF OPHTHALMOLOGY, NEUROLOGY, AND FORENSIC PATHOLOGY?" Sorry, but I don't know whether LT Delgado will be representing the United States in Delgado.


Anonymous said...

Yes, in fact, Delgado will represent Appellee against Delgado, Appellant.

H Lime said...

I must be completely honest: if I was given the duty of assigning cases to counsel in Code 46, there would be a great temptation to assign LT Delgado to Delgado.


Mike "No Man" Navarre said...

In trial courts:

After failing to convict the first of three men to face trial in the alleged slaying of four insurgents in Fallujah, Iraq, in 2004, authorities will try again next week when Sgt. Ryan Weemer goes on trial.

Weemer, the man at the center of the case, faces charges of unpremeditated murder and failing to adhere to the military's rules governing the treatment of captured enemy combatants. He has pleaded not guilty.

Weemer was part of a squad from the base's 3rd Battalion, 1st Marine Regiment that is alleged to have encountered four suspected insurgents during the search of a home Nov. 9, 2004, the first day of the battle for what was then an insurgent-laden city.

Ama Goste said...

Also in trial courts, voir dire for Col Michael Murphy (former Air Force Legal Operations Agency commander who is alleged to have practiced law without a license for ~25 years and committed travel voucher fraud) is scheduled to begin today at Bolling AFB.