Navy-Marine Corps Court of Criminal Appeals: Live En Banc Oral Argument (United States v. Deremer)

The NMCCA will sit en banc at BU Law on November 13, 2024, beginning at 12:45 p.m. to hear arguments in the case of United States v. Deremer. The argument will take place in the Schell-O'Connor Courtroom on the 6th floor, and will be followed by a Q&A with the judges and court personnel. All are welcome to attend, and attendees may enter and leave quietly as needed during the proceedings and Q&A. We do ask that guests RSVP so we can determine whether we need to set up an overflow room.

Filings will be made available at https://www.jag.navy.mil/military-justice/filings-records/ (scroll down and enter "Deremer" in the search box above the list of cases).

The main question on appeal is: Did the military judge abuse his discretion by not suppressing Appellant’s statements to the Naval Criminal Investigative Service (NCIS) during her second interview? The court has also asked parties to brief the following sub-issues:

1. Did the Government violate Appellant’s Fifth Amendment rights during her second NCIS interview in light of para-graph 8 of the Victims’ Legal Counsel (VLC) Notice of Repre-sentation of 7 December 2021?
2. Does 10 U.S.C. §1044e provide Appellant a substantive right to VLC and, if so, what is the scope of that representation?
3. Did the Government violate Appellant’s right to representa-tion of counsel during her second NCIS interview?

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