Sunday, May 03, 2009

This week in military justice -- 3 May 2009 edition

This week at the Supremes: The Supremes have a session scheduled for tomorrow during which it may announce one or more opinions. It's possible that Denedo could be announced, though it's probably still too soon after oral argument for a decision in the case. After tomorrow, the next scheduled opinion announcement date is 18 May.

This week at CAAF: CAAF's oral argument calendar indicates that sessions are scheduled for Tuesday and Wednesday. But no cases are scheduled to be heard on those dates. Presumably there will be no actual sessions on those days.

This week at the CCAs: On Wednesay, ACCA is scheduled to hear oral argument in United States v. Goodwin, No. ARMY 20011125. The assignments of error to be argued are:

I. Appellant's trial defense counsel was ineffective when he informed the members during his opening statement that the crimes occurred because appellant was desperate for money, he failed to cross examine government witnesses, and he conceded appellant's actions were "misleading" in his closing argument.

II. It took the government from 7 April 2006 to 19 December 2007 to conduct and prepare the record for appellant's Dubay hearing, and this dilatory delay warrants relief.


Anonymous said...

Will the Souter cases (including Denedo) necessarily be finished by his June departure?

Alicia Herring said...

My brother passed away this weekend. His was on "appellate leave" in the Navy. Everything I've read says that appellate leave is an "active duty" status and that, if a soldier dies on appellate leave, his rights and privileges should be restored and all charges should be dropped.

Now the Navy is trying to determine if he is eligible to be buried in a VA national cemetary and whether or not he can have funeral honors. Based on my understanding of his status and the eligibility requirements on the VA website, I believe he has earned these rights and is due them.

Can anyone help?

See references below:

“It is the ‘longstanding and unanimous view of the lower federal courts that the death of an appellant during the pendency of his appeal of right from a criminal conviction abates the entire course of the proceedings brought against him.’ United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977). It is not until that appeal of right is complete that we can rest assured the interests of justice have been served. See United States v. Wright, 160 F.3d 905, 908 (2d Cir. 1998).”

Taken from page 7, paragraph 2 of United States, Appellee v. Brandon T. Ribaudo, Private U.S. Marine Corps, Appellate found at the following link:

Anonymous said...

Ms. Herring, I suggest you contact your brother's appellate defense counsel and inform that officer of your brother's death. The counsel should be able to assist you.