450
E Street, Northwest
SCHEDULED HEARINGS
______________________________________________________________
______________________________________________________________
Monday,
December 7, 2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant: LT Brian D.
Korn, JAGC, USN
Counsel for Appellee: LT
Timothy H. Delgado, JAGC, USN
Case
Summary: GCM conviction of
assault consummated by a battery upon a child. Granted issue questions whether, in light of
United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003) and United
States v. Seider, 60 M.J. 36 (C.A.A.F. 2004), the charge and
specification
must be dismissed with prejudice, because the lower court could not
conduct a
proper appellate review under Article 66 and double jeopardy prevents a
rehearing. See
NOTE:
Counsel for each side will be allowed 20 minutes to present oral
argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant: Maj
Anthony
Counsel for
Appellee: LT Duke J. Kim, JAGC, USN
Case
Summary: SPCM conviction
of use of marijuana.
Granted issue questions whether the military judge abused his
discretion in
denying Appellant’s challenge for cause of Capt Stojka, creating
serious doubts
as to whether Appellant had a fair and impartial panel where the senior
member
and one of his subordinates comprised the two-thirds majority
sufficient to
convict Appellant.
NOTE:
Counsel for each side will be allowed 20 minutes to present oral
argument in this case.
Monday,
December 7,
2009
2:00 p.m.:
Special Session in Memory of Robinson
O.
Everett, Chief Judge
1980-1990; Senior Judge 1990-2009.
Tuesday,
December 8, 2009
9:30 a.m.:
(Appellant) (Appellee)
Counsel for Appellant: Capt Naomi N.
Porterfield, USAF
Counsel for Appellee: Capt Marla
J. Gillman, USAF
Case
Summary: SPCM conviction
of wrongful use of a controlled substance and larceny. Certified
issue questions whether the Air Force Court of Criminal Appeals erred
in
holding that the admission of two prosecution exhibits evidencing
Appellant’s
continued drug use constituted plain error.
NOTE:
Counsel for each side will be allowed 20 minutes to present oral
argument in this case.
Followed by:
(Appellant) (Appellee)
Counsel for Appellant: Maj
Jeremy S. Weber, USAF
Counsel for Appellee: Dwight H.
Sullivan, Esq.
Case
Summary: GCM conviction
of larceny, wrongful disposition of military property, possession of
child
pornography, adultery, sodomy and failure to obey a lawful order. Certified
issue questions whether the Air Force Court of Criminal Appeals erred
in
nullifying Appellee’s factually and legally sufficient conviction for
possession
of child pornography.
NOTE:
Counsel for each side will be allowed 20 minutes to present oral
argument in this case.