450
E Street, Northwest
SCHEDULED HEARINGS
______________________________________________________________
______________________________________________________________
Wednesday,
October 7, 2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant: LT Heather L.
Cassidy,
JAGC, USN
Counsel for Appellee: Capt
Mark V. Balfantz, USMC
Case Summary: SPCM conviction of failing to obey a Chief Warrant Officer, assault, indecent assault, indecent language, use of ecstasy, and sexual harassment. Granted issue questions whether the lower court erred when it held that Appellant’s utterance of “mmmm-mmmm-mmmm” was legally sufficient to support a conviction for indecent language.
NOTE:
Counsel for each side will be allotted 20
minutes to present oral argument in this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant: LT Dillon J.
Ambrose,
JAGC, USN
Counsel for Appellee:
Case Summary:
SPCM
conviction of violating a general order and possession of child
pornography. Granted issues question (1)
whether the lower court erred in reassessing Appellant’s sentence, as
(a) its
reassessment calculus was based upon an erroneous understanding of what
specifications were merged; (b) it abused its discretion in failing to
order a
sentence rehearing in light of Appellant being sentenced upon twice the
amount
of specifications as appropriate; and (c) the underlying logic used to
not
reduce Appellant’s sentence was faulty; (2) whether the lower court
erred in
finding that possession of the same images of child pornography on
different
media can be charges as separate crimes under 18 USC §
2252A; and (3) whether the lower court erred in determining that the
three
specifications under Charge II were not “facially duplicative.”
NOTE:
Counsel for each side will be allotted 20 minutes to present
oral
argument in this case.
Thursday,
October 8, 2009
9:30 a.m.:
(Appellee) (Appellant)
Counsel
for Appellant: Capt Alison L. Gregoire,
Counsel
for Appellee: Maj Karen J. Borgerding, JA, USAR
Case
Summary: GCM
conviction of conspiracy to commit
maltreatment, maltreatment, dereliction of duty, and indecent acts. Granted issues question (1) whether the
military judge erred by failing to instruct on obedience to lawful
orders as it
pertained to maltreatment by having a military working dog (MWD) bark
at a
detainee when there was no evidence before the military judge that such
an
order was illegal; (2) whether the military judge erred when he did not
instruct the panel on obedience to orders (lawful or unlawful) as it
pertained
to maltreatment by having a MWD bark at juvenile detainees; and (3)
whether the
evidence for all maltreatment specifications was legally insufficient,
because
the detainees were not “subject to [Appellant’s] orders” and did not
have a
“duty to obey.”
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 Elizabeth Turner,
Counsel
for Appellee: Capt Sarah J. Rykowski,
Case
Summary: GCM
conviction of rape of a child and making a false official statement. Granted issue questions whether the military
judge erred in admitting the testimony of TG under Military Rules of
Evidence
413 and 414.
NOTE: Counsel for each side will be
allotted 20
minutes to present oral argument in this case.
Tuesday,
October 13, 2009
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant: Frank
J. Spinner, Esq.
Counsel for Appellee: Capt James T.
Dehn,
Case
Summary: GCM
conviction of assault with intent to
commit voluntary manslaughter. Granted
issue questions whether the military judge erred when he refused to
instruct
the members on the defense of mistake of law.
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 Tiffany M.
Wagner, USAF
Counsel for Appellee: Capt G. Matt
Osborn, USAF
Case Summary:
GCM
conviction of assault, robbery, burglary, kidnapping, reckless driving,
fleeing
apprehension, escaping confinement, and desertion. Granted issues
question (1)
whether, having found knowing violations of AFI 31-205, the military
judge
erred in not determining that the violation involved an abuse of
discretion
warranting credit under RCM 305(k); and (2) whether the conditions of
Appellant’s pretrial confinement in suicide watch, which included,
inter alia,
denial of books, a radio, and/or a CD player, and 24-hour-a-day
lighting, were
so excessive that they constitute punishment in violation of Article
13, UCMJ,
and thus, Appellant is entitled to additional sentence credit.
NOTE:
Counsel for each side will be allotted 20 minutes to present
oral
argument in this case.
9:30 a.m.:
(Appellee)
(Appellant)
Counsel for Appellant: Frank
J. Spinner, Esq.
Counsel for Appellee: Maj
Teresa T. Phelps,
Case
Summary: GCM
conviction of conspiracy to commit
maltreatment, maltreatment, and dereliction of duty. Granted issue
questions
whether the evidence is legally sufficient to sustain the findings of
guilty
beyond a reasonable doubt.
NOTE: Counsel
for each side will be allotted 20 minutes to present oral argument in
this case.
Followed by:
(Appellee)
(Appellant)
Counsel for Appellant: Terri R.
Zimmermann,
Esq.
Counsel for Appellee: Gerald R.
Bruce, Esq.
Case Summary:
SPCM
conviction of dereliction of duty, failure to go, violation of a
general order,
making a false official statement, distribution of methamphetamine,
carnal
knowledge, and sodomy with a child. Granted
issue questions whether the military judge reversibly erred when she
did not
dismiss the charges and specifications after she found that unlawful
command
influence existed in this case.
NOTE:
Counsel for each side will be allotted 20 minutes to present
oral
argument in this case.