450
E Street, Northwest
SCHEDULED HEARINGS
______________________________________________________________
______________________________________________________________
Monday,
February 4, 2008
9:00 a.m.
(Appellee)
(Appellant)
Counsel for Appellant: LT Heather L. Cassidy,
JAGC, USN
Counsel for Appellee: Major James W. Weirick,
USMC
Case Summary: GCM
conviction of adultery, failure to obey restriction order, assault,
obstruction
of justice, and unlawful entry. Granted
issue questions whether Appellant’s Sixth Amendment right to counsel
has been
violated where, while in confinement, brig personnel monitored his
phone
conversations with appellate defense counsel and seized his privileged
correspondence.
NOTE: Counsel for
each side will be allotted 20
minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant: LCDR
Thomas P. Belsky, JAGC, USNR
Counsel for Appellee: LT
Justin E. Dunlap, JAGC, USN
Case Summary:
SPCM conviction of
violating a general order by shipping a pistol and grenade out of
USCENTCOM,
and wrongful appropriation of a grenade.
Granted issue questions whether the Court of Criminal Appeals
erred when
it reviewed for an abuse of discretion, rather than de novo, the
military
judge’s legal conclusion that Appellant’s pleas were provident.
NOTE: Counsel for each side will be allotted 20
minutes to present oral argument in this case.
Tuesday,
February 5, 2008
(Appellee)
(Appellant)
Counsel for Appellant: Capt Shay Stanford,
Counsel for Appellee: Capt Nicole L. Fish,
Case Summary: GCM
conviction of rape, sodomy, and indecent acts.
Granted issue questions whether the military judge, in a trial
before a
court-martial panel erred in denying a motion for recusal after stating
that
while she believed she could remain impartial in a trial by members,
she would
recuse herself if she were the trier of fact.
Compare, e.g., Parenteau v. Jacobson, 586 N.E.2d
15, 18
(Mass. App. Ct. 1993) with Walberg v. Israel, 766 F.2d 1071,
1076 (7th
Cir. 1985).
NOTE: Counsel for
each side will be allotted 20
minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant:
Capt Anthony D. Ortiz, USAF
Counsel for Appellee:
Major Matthew Ward, USAF
Case Summary:
GCM conviction of AWOL,
and writing bad checks. Granted issue questions whether the
court-martial
convened by special order AB-12 had proper jurisdiction when that order
did not
transfer members appointed by prior orders AB-01, AB-07, and AB-09, but
members
named in those orders nonetheless sat as members of Appellant’s
court-martial.
NOTE: Counsel for each side will be allotted 20
minutes to present oral argument in this case.
9:00a.m.:
(Appellee)
(Appellant)
Counsel for Appellant:
William E. Cassara, Esq.
Counsel for Appellee: Capt Trevor
B. A. Nelson,
Case Summary: GCM
conviction of rape, sodomy, indecent liberties, and indecent acts with
a child,
and communicating a threat. Granted
issue questions whether Appellant was denied his constitutional right
to a
public trial when the military judge excluded the public from the
courtroom
when the victim, BP, testified on the merits.
NOTE: Counsel for each side will be allotted 20
minutes to present oral argument in this case.
Followed by:
(Appellee) (Appellant)
Counsel for Appellant: Capt
Seth A. Director,
Counsel for Appellee:
Capt Mark E. Goodson,
Followed
by:
(Appellant)
(Appellee)
Counsel
for Appellant: Capt Jason M. Kellhofer, USAF
Counsel
for Appellee: Capt Tiaundra Sorrell, USAF
Case
Summary: GCM
conviction of disobeying an order, assault consummated by battery, and
rape. The convening authority disapproved the
conviction of rape. The Court of
Criminal Appeals determined that the convening authority had
inappropriately
corrected an issue of new evidence by dismissing the rape offense and
reassessing the sentence to one greater than the military judge would
have
adjudged. The Judge Advocate General of
the Air Force requested action be taken
with respect
to the following issue: whether the convening authority properly
applied Rule
for Courts-Martial 1107.
NOTE: Counsel for
each side will be allotted 20 minutes to present oral argument.
Tuesday,
February 26, 2008
9:00 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant: Frank J. Spinner, Esq.
Counsel for Appellee: Capt Andrew C. Baum,
Case Summary: GCM
conviction of forcible sodomy, assault on a prison guard, and indecent
assault. Granted issue questions whether
the military judge abused his discretion when he denied the defense
counsel’s
challenge for cause against Major [L.G.], a panel member, for implied
bias.
NOTE: Counsel for each side will be allotted 20
minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant: Major Brian L. Jackson, USMC
Counsel for Appellee: Colonel Louis J. Puleo, USMC
Case Summary:
GCM conviction of
recruiter misconduct, rape, indecent assault, indecent language, and
adultery. Granted issue questions
whether the lower court erred in upholding the military judge’s denial
of the
challenge for cause of Lieutenant Colonel [W.].
NOTE: Counsel for each side will be allotted 20
minutes to present oral argument in this case.
(Appellee)
(Appellant)
Counsel for Appellant: William
E. Cassara, Esq.
Counsel for
Appellee: Maj
Brian K. Keller, USMC
Case
Summary: GCM conviction of
violating
NOTE: This case will be heard at George
Mason University School of Law,
allotted 20
minutes to
present oral argument.
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