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According to the Honolulu Star Bulletin:

Question: It has been almost three years since 1st Lt. Ehren Watada refused to join his Stryker Brigade Combat Team when it deployed to Iraq from Fort Lewis, Wash. What is his status?

Answer: The Army says it is still awaiting a decision from newly appointed U.S. Solicitor Elena Kagan, who was sworn in three weeks ago, as to whether it will appeal a federal judge’s decision rendered in October.

1 April 2009:

No. 09-5001/MC.  United States, Appellant v. Matthew T. BURK, Appellee.  CCA 200800146.  On March 4, 2009, the United States filed a motion for enlargement of time in which to file a certificate of review in the above-captioned case.  The Court granted that motion to March 30, 2009 (Daily Journal, March 10, 2009).  On March 31, 2009, the United States filed a notice of intent not to certify this case to the Court of Appeals for the Armed Forces.  In view of this notice, it is, ordered that the above captioned case is hereby removed from the Court’s docket.

Here is the CAAFLog discussion of Burk.

Here’s a short article on two cases pending at the Supreme Court, Montejo v. Louisiana and Kansas v. Ventris.

Bidish J. Sarma, Robert J. Smith, & G. Ben Cohen, Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality, Northwestern L. Rev. Colloquy, 3 April 2009.

Norman C. Bay, Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith, 86:2 Washington Univ. L. Rev. (2008).

Major General Charles J. Dunlap, Jr. & Major Linell A. Letendre, Military Lawyering and Professional Independence in the War on Terror: A Response to David Luban, 61:2 Stanford L. Rev. 417 (2008).

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