Argument Recap: United States v. Kreutzer, No. 11-0231/AR
Yesterday’s oral argument at CAAF in United States v. Kreutzer, Jr., reviewed the issue of what additional sentence credit, if any, should be applied when an accused remains on death row after his...
View ArticleArgument Recap: United States v. Winckelmann, No. 11-0280/AR
Yesterday’s oral argument at CAAF in United States v. Winckelmann, reviewed when an accused takes the substantial step required to prove attempted enticement of a minor in violation of 18 U.S.C. §...
View ArticleArgument Recap: United States v. Campbell, No. 11-0403/AF
Tuesday’s oral argument at CAAF in United States v. Campbell, No. 11-0403/AF, addressed the following issue: I. Whether the military judge erred, after finding all three charges arose out of the same...
View ArticleArgument Recap: United States v. Hayes, No. 11-5003/NA
Oral argument at CAAF in United States v. Hayes, No. 11-5003/NA, occurred on 2 November at Washington University School of Law. The case focuses on the availability of a duress defense when an accused...
View ArticleArgument Recap: United States v. Fry, No. 11-5003/NA
CAAF heard oral argument in United States v. Fry, No. 11-5003/NA, on 3 November at Scott Air Force Base. The case deals with the validity of an enlistment contract where the enlistee is subject to a...
View ArticleArgument Recap: United States v. King, No. 11-0583/NA
CAAF heard oral argument in United States v. King, No. 11-0583/NA, on Monday 12 December. The case questions whether indecent language amounts to indecent conduct in violation of Article 120(k)...
View ArticleArgument Recap: United States v. Watson, No. 11-0523/MC
During the oral argument at CAAF on Monday 12 December in United States v. Watson, No. 11-0523/MC, the court considered whether the appellant’s plea to fraudulent enlistment was provident. The...
View ArticleArgument Recap: United States v. Nealy, No. 11-0615/AR
Last week’s oral argument in United States v. Nealy, No. 11-0615/AR, addressed whether an accused can providently plead to an offense that is not a lesser-included offense of a charged offense where...
View ArticleArgument Recap: United States v. Dease, Jr., No. 12-6001/AF
In my preview of Tuesday’s oral argument at CAAF in United States v. Dease, Jr., No. 12-6001/AF, I predicted that the oral argument would focus on the law of the granted issue which is: Whether the Air...
View ArticleArgument Recap: United States v. Weeks, No. 11-0526/AF
Tuesday’s oral argument before CAAF in United States v. Weeks, No. 11-0526/AF, presented the following issue: Whether Appellant’s guilty plea to Charge II and its specification is improvident because...
View ArticleArgument Recap: United States v. Humphries, No. 10-5004/AF
CAAF heard oral argument in United States v. Humphries, No. 10-5004/AF, on February 13, 2012. Humphries is a unique case with some history. Senior Airman (E-4) Humphries was convicted in 2009 by a...
View ArticleArgument Recap: United States v. Hayes, No. 12-0090/AF
CAAF heard oral argument last week in the case of United States v. Hayes, No. 12-0090/AF (not to be confused with United States v. Hayes, No. 11-5003/NA, __ M.J. __ (CAAF, 2012)), which presents the...
View ArticleArgument Recap: United States v. Easton, No. 12-0053/AR
CAAF heard oral argument on Monday in the case of United States v. Easton, No. 12-0053/AR, which presents the following issue: Whether the Army court erred in holding the appellant’s trial did not...
View ArticleArgument Recap: United States v. Cooper, No. 12-6004/AR
CAAF heard oral argument last week in the Article 62 appeal case of United States v. Cooper, No. 12-6004/AR. Sergeant Cooper is charged with various sexual offenses involving his step-daughter, and...
View ArticleArgument Recap: United States v. McClain, No. 12-0099/AR
Last week’s oral argument in United States v. McClain, No. 12-0099/AR, involved a straightforward issue that arises from a complicated fact pattern. The question before the court was: Whether the...
View ArticleCAAF Outreach Argument in Seattle: United States v. Ali, No. 12-0008/AR
As Judge Stucky said during a question-and-answer session following oral argument at the University of Washington Law School yesterday, 99 percent of the cases CAAF hears involve active-duty service...
View ArticleCivilian UCMJ Jurisdiction: Ali v. US Argument Redux
I think lost in the oral argument in the Ali v. US case this past week, here, is the fact that the constitutionality of civilian UCMJ jurisdiction in times of contingency operations does not hinge on...
View ArticleLawfare on the US v. Ali Oral Argument
Here is a link to Professor Steve Vladeck’s thoughts on the US v. Ali oral argument. Here and here are our prior discussions of the argument, including our guest blogger, which Prof. Vladeck very...
View ArticleArgument Recap: United States v. Datavs, No. 12-5001/AF
In my argument preview of United States v. Datavs, No. 12-5001/AF, I predicted that this argument would “mark a lively beginning to a lively term,” and the argument didn’t disappoint. The case involves...
View ArticleArgument Recap: United States v. Wilkins, No. 11-0486/NA
In my argument preview of United States v. Wilkins, No. 11-0486/NA, I predicted that the court would ask about last term’s opinion in United States v. Rauscher, 71 M.J. 225, No. 12-0172/NA (C.A.A.F....
View ArticleWhat if this blog depended on FOIA? Argument Recap: Center for Constitutional...
I’ve been working through some of the oral argument audio from this term that I didn’t get to listen to over the past few weeks, and I came to an interesting exchange between Judge Ryan and the...
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