Monday, February 20, 2017

This Week in Military Justice – February 19, 2017

This week at SCOTUS: The cert. petition in Dalmazzi is scheduled for conference on March 3. I'm not aware of any other military justice developments at the Supreme Court, where I'm tracking three cases:

This week at CAAF: The next scheduled oral argument at CAAF is on February 28, 2017.

This week at the ACCA: The Army CCA will hear oral argument in two cases this week, both on Wednesday, February 22, 2017:

At 10 a.m.: United States v. Robinson, No. 20150120

Issue: WHETHER SPECIALIST ROBINSON WAS DENIED HIS 6TH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS DEFENSE COUNSEL FAILED TO INTRODUCE EVIDENCE THAT WOULD HAVE DISCREDITED THE ALLEGED VICTIM'S CLAIMED LEVEL OF INTOXICATION AND ALSO FAILED TO OFFER EVIDENCE THAT THE ALLEGED VICTIM INVITED SPECIALIST ROBINSON INTO HER ROOM PRIOR TO THE ALLEGED SEXUAL ACTIVITY TAKING PLACE.

At 1 p.m.: United States v. Franks, No. 20140952

Issues:
I. THE MILITARY JUDGE REVERSIBLY ERRED BY RULING THAT SECOND LIEUTENANT FRANKS' FEAR OF COMMITTING SUICIDE COULD NOT SUPPORT THE DEFENSE OF DURESS.

II. THE EVIDENCE WAS FACTUALLY AND LEGALLY INSUFFICIENT TO SUPPORT THE CONVICTION FOR DESERTION, BECAUSE THE ALLEGED IMPORTANT SERVICE WAS SPECULATIVE AND NON-IMMINENT.

III. THE EVIDENCE WAS FACTUALLY AND LEGALLY INSUFFICIENT TO SUPPORT THE CONVICTION FOR CONDUCT UNBECOMING AN OFFICER AND GENTLEMEN, BECAUSE THERE WAS NO EVIDENCE OF A GUILTY MIND, AND THE MILITARY JUDGE REVERSIBLY ERRED BY REFUSING TO INSTRUCT ON MENS REA.

This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on March 2, 2017.

This week at the CGCCA: The Coast Guard CCA's oral argument schedule shows no scheduled oral arguments.

This week at the NMCCA: The Navy-Marine Corps CCA website shows no scheduled oral arguments.



Original Page: http://feedproxy.google.com/~r/caaflog/~3/PXtc2MsogE8/



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