450
E Street, Northwest
SCHEDULED HEARINGS
______________________________________________________________
______________________________________________________________
Tuesday,
May 6, 2008
9:00 a.m.:
(Appellee)
(Appellant)
Counsel
for Appellant: Dwight H. Sullivan, Esq.
Counsel
for Appellee: Capt Ryan N. Hoback, USAF
Case
Summary: SPCM conviction
of cocaine use, and dereliction of duty. Granted issues question: (1)
whether the lower court erred by deciding Appellant’s case in the
absence of a
substantive submission on Appellant’s behalf despite this Court’s case
law
holding that it is “error” for a Court of Criminal Appeals to decide a
“case
without assistance of counsel” for an Appellant. United
States v. May, 47 M.J. 478, 482
(C.A.A.F. 1998); (2) whether the lower Court erred by holding that it
was not
objectively unreasonable for the appellate defense counsel to fail to
file a
brief on Appellan’t behalf during the
182 days between the expiration of Appellant’s briefing deadline
and the
lower Court’s decision in Appellant’s case; and that Appellant
demonstrated no
prejudice, despite this Court’s case law
holding that where appellate counsel “do nothing” on an Appellant’s
behalf, the
“Appellant has been effectively deprived of counsel, and prejudice is
presumed.”
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 Kathleena R. Scarpato,
Counsel
for Appellee: Capt Trevor B. A. Nelson,
Case Summary:
GCM conviction of unpremeditated murder. Granted issue
questions whether the Secretary
of the Army’s decision to exempt from court-martial service officers of
the
special branches named in AR 27-10 (Medical Corps, Medical Specialist
Corps,
Dental Corps, Chaplain Corps, Nurse Corps, Veterinary Corps, and those
detailed
to Inspector General duties) contradicts Article 25(d) (2), UCMJ, which
requires a convening authority to select court-martial members based
upon age,
education, training, experience, length of service, and judicial
temperament.
NOTE: Counsel for each side will be
allotted 20
minutes to present oral argument in this case.