450 E Street,
Northwest
SCHEDULED
HEARINGS
______________________________________________________________
______________________________________________________________
Tuesday,
November 3,
2009
TBD:
(Appellee)
(Appellant)
Counsel for
Appellant: Capt Marla J. Gillman, USAF
Counsel for
Appellee: Capt Coretta E.
Gray, USAF
Case
Summary: GCM
conviction of possession
of child pornography.
Granted issues
question: (1) where the military judge found that Appellant and his
wife had a
private conversation while married and not separated, was the military
judge
correct that Appellant could claim the privilege under Mil. R.
Evid. 504
only as to his statements during that conversation but not to his
wife’s as
well; and (2) whether the Air Force Court of Criminal Appeals erred in
finding
there was no harm after overturning the military judge’s ruling that
Appellant’s act of showing his wife that he had deleted the pictures he
said he
would was not communicative and therefore not privileged under Mil. R.
Evid.
504.
NOTE: This case will be heard at
Wednesday,
November 4, 2009
TBD:
(Appellee)
(Appellant)
Counsel for Appellant: Capt
Tiffany M. Wagner, USAF
Counsel for Appellee: Maj
Jeremy S. Weber, USAF
Case
Summary: SPCM conviction of use of
cocaine, use of marijuana, and
possession of marijuana. Granted
issue questions whether the military
judge abused her discretion in denying the defense motion to suppress
all
evidence from Appellant’s home.
NOTE: This case will be heard at
Monday,
November 9, 2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for
Appellant: Maj Michael A. Burnat,
USAF
Counsel for
Appellee: Capt Coretta E.
Gray, USAF
Case Summary:
GCM conviction of indecent acts with a child, possession of
child
pornography, adultery, communicating indecent language to a child,
carnal
knowledge, and attempted communication of indecent language to a child. Granted issue questions whether the military
judge abused his discretion by allowing the government’s expert witness
to
testify concerning Appellant’s risk of recidivism.
NOTE: Counsel for each side will
be allotted
20 minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for
Appellant: Maj Lance J. Wood, USAF
Counsel for
Appellee: Maj Jeremy S.
Weber, USAF
Case
Summary: GCM conviction of indecent
acts with
another, forcible sodomy, dishonorably failing to maintain sufficient
funds to
cover a debt, failure to go, and purchasing alcohol for minors. Granted
issue questions whether Appellant’s conviction for indecent acts with
another
must be set aside because the military judge issued erroneous and
misleading
instructions supporting indecent acts as an available lesser-included
offense
to the original rape charge and the resulting conviction under Charge I
and its
specification amounted to a fatal variance.
NOTE: Counsel for each side will
be allotted
20 minutes to present oral argument in this case.
Tuesday,
November 10,
2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for
Appellant: Capt Tiffany K. Dewell,
Counsel for
Appellee: Capt Lynn I. Williams,
Case
Summary: GCM
conviction of
AWOL, larceny, larceny of military property, forgery, and attempted
larceny.
Granted issue questions whether the
NOTE: Counsel for each side will
be allotted
20 minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for
Appellant: Ronald C. Machen, Esq.
Counsel for
Appellee: LT
Emily P. Reuter, USCG
Case
Summary: GCM conviction of going from
place of
duty, attempting to disobey an order, sodomy, extortion, and indecent
assault.
Granted issue questions whether the military judge violated
Appellant’s
constitutional right to confront his accusers by limiting his
cross-examination
of [SR], the government’s only witness, on three of the five charges.
NOTE: Counsel for each side will
be allotted
20 minutes to present oral argument in this case.
Tuesday,
November 17,
2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant:
Capt Pamela Perillo,
Counsel for
Appellee: Capt Nicole L. Fish,
Case Summary:
GCM conviction
of making
a false official statement, larceny, obstruction of justice, and
altering a
sick slip. Granted issue questions
whether, after finding the evidence factually insufficient to support a
finding
of guilty to the additional Charge and its Specification (forgery), the
lesser
included offense on a theory not presented to the trier of fact.
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:
Capt Adam S. Kazin,
Case Summary:
GCM
conviction for possessing adult and child pornography in movies and
photographs
on digital media. Granted issue
questions whether the military judge erred in denying Appellant’s
motion to
suppress the evidence seized from Appellant’s quarters.