Sunday, January 18, 2009

This week in military justice -- 18 January 2009 edition

This week at the Supreme Court: The Supreme Court is closed Monday and Tuesday. No military justice developments appear to be on the Court's horizon for this three-day work week.

This week at CAAF: CAAF will not be hearing arguments this week. The next CAAF argument is on 3 February. CAAF could issue additional opinions or grants during the abbreviated work-week.

This week at the CCAs: The big CCA news of the week is Friday's en banc oral argument on the new Article 120's constitutionality. The case is United States v. Neal. The issue set for argument is "WHETHER THE MILITARY JUDGE ERRED BY GRANTING THE DEFENSE MOTION TO DISMISS THE SOLE CHARGE ALLEGING A VIOLATION OF ARTICLE 120(e), UCMJ, AS UNCONSTITUTIONAL." NMCCA also told counsel to be ready to address the appropriate due process standard for a challenge to the new Article 120. ACCA's hearing calendar link, like its opinion links, remains down.

This week at the court-martial trial level: No significant court-martial trial level action is on my radar screen. Does anyone else know of significant litigation at the trial level this week?

1 comment:

Anonymous said...

Who is arguing the case for Neal? Is it ADC or CDC?