450
E Street, Northwest
SCHEDULED HEARINGS
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(Appellee)
(Appellant)
Counsel for Appellant: Charles
W. Gittins, Esq.
Counsel for Appellee:
Capt Teresa T. Phelps,
Case Summary: GCM conviction of
rape, sodomy by force,
attempted violation of a regulation by asking a trainee to engage in a
wrongful
relationship, violation of a regulation by having a wrongful
relationship with
trainee, maltreatment, adultery, and obstruction of justice. Granted issue questions whether the evidence
of rape was legally insufficient to support a conviction where the
Government
offered no evidence of immediate force and lack of consent at or
reasonably
near the time that the prosecutrix, inter alia, arranged for off-base
hotel
rooms to meet Appellant, made her own way to hotel rooms to engage in
sexual
intercourse with Appellant, smoked cigarettes and drank beer in bed
with
Appellant, and ordered pizza and ate it in bed with Appellant during
her
meetings with Appellant where she and Appellant engaged in sexual
intercourse.
NOTE:
This case will be heard at The
University of Montana School of Law,
2:00 p.m.:
(Appellee)
(Appellant)
Counsel for Appellant: Capt
Christopher W. Dempsey,
Counsel for
Appellee: Capt
Michael G. Pond,
Case
Summary: GCM
conviction of disobeying an officer, violating
a regulation by attending a Ku Klux Klan rally, making a false official
statement, larceny of government property, and wrongfully advocating
anti-government and disloyal statements and encouraging participation
in
extremist organizations while identifying himself as a “U.S. Army
Paratrooper.” Granted issue questions
whether the evidence was legally sufficient to support a determination
that
Appellant’s statements to an undercover NCIS agent on the internet were
either
detrimental to good order and discipline or of a nature to bring
discredit upon
the Armed Forces when the military nexus reflected in the record
consisted of
Appellant’s reference to being a “US Army paratrooper,” and his
statements
raise a significant issue under the First Amendment.
NOTE:
This case will be heard at the
Base Theater at Malmstrom Air Force Base,