This week in military justice -- 24 May 2009 edition

This week at the Supremes: We're ordering our Denedo lookout aloft. Tuesday is an opinion announcement day. It is also the first announcement day when I think there's a chance that Denedo might come out. (Look at the three opinions the Court released on 4 May. Two were argued on 24 February, one on 25 February, and one (Arthur Anderson LLP v. Carlisle) on 4 March. Arthur Anderson was a split decision (6-3); I expect Denedo will be split as well. On Tuesday, one more day will have elapsed since Denedo was argued than passed between the argument and decision in Arthur Anderson.) Each of the five Mondays in June is also a scheduled opinion announcement day.

This week at CAAF: CAAF has no scheduled arguments this week. I'll be checking CAAF's oral argument page this week to see whether, as I suspect will happen, CAAF inserts an argument in United States v. Neal, No. 09-5004/NA, into this term's schedule. (For more on Neal, see, e.g., here.) This Wednesday afternoon, CAAF will be the site of the Pentagon Chapter of the FBA's end o' oral argument season reception. See here for more details.

This week at the CCAs: On Thursday, ACCA will hear oral argument in United States v. Vosicky, No. 20070874. Here's the assigned error that's being argued:

THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE APPLIED AN INCORRECT HEIGHTENED STANDARD TO WITNESS PRODUCTION WHICH DENIED APPELLANT HIS CONSTITUTIONAL AND STATUTORY RIGHT UNDER THE SIXTH AMENDMENT TO THE CONSTITUTION, RULE FOR COURTS-MARTIAL 703, AND ARTICLE 46, UCMJ TO PRODUCTION OF WITNESSES WHO WOULD HAVE OFFERED EVIDENCE TO NEGATE THE GOVERNMENT'S EVIDENCE OR SUPPORT THE DEFENSE.

No other CAAF oral arguments are scheduled. (Having been tracking the CCA oral arguments for some time now, it appears that ACCA holds far more than do the other three CCAs.)