The Court of Appeals for the Armed Forces (CAAF) will hear oral argument in United States v. Behenna at 0900, on 23 April 2012.
Counsel for Appellant: Jack B. Zimmermann
Counsel for Appellee: Capt Stephen E. Latino, JA, USA
Appellee’s brief is not due until 29 March 2012, after which Appellant has 10 days to file a reply.
Amicus Curiae Brief – National Institute of Military Justice (with law student participation)
Amicus Curiae Brief — The National Association of Criminal Defense Lawyers
Case Summary: GCM conviction of unpremeditated murder and assault. Granted issues questions (1) whether the military judge’s erroneous instruction limiting the right to self-defense deprived Appellant of his constitutional right to a fair trial; and (2) whether the government’s failure to disclose favorable information to the defense deprived Appellant of his constitutional right to a fair trial.