Sunday, December 21, 2008

This week in military justice -- 21 December 2008 edition

Not surprisingly for this truncated three-work-day Christmas week, there are no scheduled oral arguments at CAAF, ACCA, AFCCA, or NMCCA. I assume that CGCCA's courtroom will also be dark this week, but unlike the other three CCAs, CGCCA doesn't seem to post an oral argument schedule on its web site.

I am also unaware of any anticipated significant trial-level court-martial proceedings this week.

Of course, it's always possible that CAAF will issue an opinion or one of the CCAs will issue a published opinion. If so, we'll certainly report the news. CAAF might also announce a grant to help revitalize its anemic docket. If CAAF were to grant review of a case tomorrow, the normal briefing schedule would expire on 2 March. If CAAF were to grant review of a case on Christmas Eve, the normal briefing schedule would expire on 5 March. And if CAAF were to grant review of a case next Monday, the normal briefing schedule would expire on 9 March -- a scheduled oral argument date.

The next fixed date on the military justice horizon appears to be Friday, 9 January 2009 -- the date on which, if my calculations are correct, the SG's Denedo brief is due at the Supremes. The following Monday, CAAF will hear two oral arguments. The following day is also listed on CAAF's calendar as an oral argument date, but no cases are actually scheduled to be heard on the 13th.

As always, if you are aware of any other significant military justice events or developments, please let us know. You can reach us at


Anonymous said...

NOTICE 1: Immediate Clerkship Opening -- Judge Scott Stucky

Anonymous said...

CMCR has an oral argument set for January 13.

Dwight Sullivan said...

Thanks for the heads up, 2107 Anon. Could you please tell us the case name and the issue or issues?

Anonymous said...

The case is Jawad. It's a gov't appeal of Judge Henley's suppression of Jawad's statements to US investigators.

Paul said...

And the 62 appeal in the Col Murphy case was denied by AFCCA.

Dew_Process said...

Thanks Count:

The opinion is at:

There's another potential remedy for the government in Murphy - to "downgrade" the TS/SAP material via Summaries or whatever, to "Secret" and then "close" the court-room and seal the record while that evidence/testimony is considered. We did that in an espionage trial I defended some years ago, and it worked out well.