This week in the appellate courts (updated).

Supreme Court.

On Tuesday, October 13, the Court will hear arguments in No. 08-651, Padilla v. Commonwealth of Kentucky.  At issue in the case is whether a criminal defendant’s guilty plea can be set aside because his defense counsel affirmatively misadvised him with regard to the deportation consequences of the plea, and whether such misadvice constitutes ineffective assistance of counsel under the Sixth Amendment.  A Denedo question.

CAAF.

Tuesday, 13 October 2009:

United States v. Rogelio M. Maynulet, No. 09-0073/AR (not found on the ACCA website, a straight-legal?)

Case Summary: GCM conviction of assault with intent to commit voluntary manslaughter. Granted issue questions whether the military judge erred when he refused to instruct the members on the defense of mistake of law.

United States v. Derrick M. Williams, No. 08-0339/AF

Case Summary: GCM conviction of assault, robbery, burglary, kidnapping, reckless driving, fleeing apprehension, escaping confinement, and desertion. Granted issues question (1) whether, having found knowing violations of AFI 31-205, the military judge erred in not determining that the violation involved an abuse of discretion warranting credit under RCM 305(k); and (2) whether the conditions of Appellant’s pretrial confinement in suicide watch, which included, inter alia, denial of books, a radio, and/or a CD player, and 24-hour-a-day lighting, were so excessive that they constitute punishment in violation of Article 13, UCMJ, and thus, Appellant is entitled to additional sentence credit.

Wednesday, October 14, 2009

United States v. Sabrina D. Harman, No. 08-0804/AR

Case Summary: GCM conviction of conspiracy to commit maltreatment, maltreatment, and dereliction of duty. Granted issue questions whether the evidence is legally sufficient to sustain the findings of guilty beyond a reasonable doubt.

United States v. Adam D. Douglas, No. 09-0466/AF

Case Summary: SPCM conviction of dereliction of duty, failure to go, violation of a general order, making a false official statement, distribution of methamphetamine, carnal knowledge, and sodomy with a child. Granted issue questions whether the military judge reversibly erred when she did not dismiss the charges and specifications after she found that unlawful command influence existed in this case.

Air Force.  Website down.

Army.  None.

Coast Guard.  None.

Navy/Marine Corps.  None.

CLE.  None.

Posted in:
Updated:

Leave a Reply

Your email address will not be published. Required fields are marked *