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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

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Wednesday, November 2, 2011

Time TBD:

United States v.	Thomas J. Hayes	No. 11-5003/NA
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: LT Kevin D. Shea, JAGC, USN (brief)
Counsel for Appellee: Major Jeffrey R. Liebenguth, USMC (brief)

Case Summary:  GCM conviction of selling military property, and theft of military property.  The Judge Advocate General certified three issues: (1) whether the Navy-Marine Corps Court of Criminal Appeals erred when it held that Appellee’s unsworn statement during presentencing raised the “possible defense” of duress; (2) whether the Navy-Marine Corps Court of Criminal Appeals erred, as a matter of law, when it found that the Appellee’s unsworn statement raised the possibility of a defense when the facts on the record did not establish a prima facie case for duress; and (3) whether the Navy-Marine Corps Court of Criminal Appeals erred when it set aside the findings and sentence due to the military judge’s failure to investigate Appellee’s plea for the possibility of a duress defense because suicide cannot, as a matter of law, be the threat necessary to establish the defense of duress.

NOTE: This case will be heard at Washington University School of Law, One Brookings Drive, St. Louis, Missouri, as part of Project Outreach.

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Thursday, November 3, 2011

Time TBD:

United States v.	Joshus D. Fry	No. 11-0396/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LCDR Brian L. Mizer, JAGC, USN (brief)
                                  ---------------------------(reply brief)
Counsel for Appellee:  LT Kevin D. Shea, JAGC, USN (brief)

Case Summary:  GCM conviction of AWOL, possession of child pornography, and fraudulent enlistment. Granted issue questions whether Appellant’s enlistment into the Marine Corps was void ab initio when it took place after a judicial determination of Appellant’s incapacity to contract.

NOTE: This case will be heard at Scott Air Force Base, Illinois, as part of Project Outreach.