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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 7, 2012

3:00 p.m.:

United States v.	Pablo P. Irizarry, Jr.	No. 12-0451/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Dwight H. Sullivan, Esq. (brief) (reply brief)
Counsel for Appellee: Major Lauren N. DiDomenico, USAF (brief)

Brief of Amici Curiae -- Robert Gifford and Gauri Nautiyal

Case Summary:  GCM conviction of larceny. Granted issue questions whether the military judge erred by denying a defense motion to suppress an item seized by Appellant's first sergeant during a warrantless entry into Appellant's off-base home.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.  This case will heard at the University of Oklahoma School of Law, Andrew M. Coats Hall, 300 Timberdell Road, Norman, Oklahoma as part of the Court's Project Outreach.

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Tuesday, November 13, 2012

9:00 a.m.:

United States v.	Ivan D. Goings	No. 11-0547/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Kristin McGrory, JA, USA (brief)
                              -------------------------------------- (reply brief)
Counsel for Appellee: Capt Edward J. Whitford, JA, USA (brief)

Case Summary: GCM conviction of rape and committing an indecent act. Granted issues question (1) whether Lawrence v. Texas extends a zone of privacy to the indecent act of which Appellant as convicted; and (2) whether Specification 6 of Charge II fails to state an offense because it does not expressly allege or necessarily imply the terminal element of Article 134, UCMJ.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Dominic P. Altier	No. 12-0496/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Toren G. E. Mushovic, JAGC, USN(brief)                                    ------------------------------------------- (reply brief)
Counsel for Appellee:  Capt Sam C. Moore, USMC (brief)

Case Summary: SPCM conviction of having an improper relationship with a trainee, and creating a hostile working environment. Granted issue questions whether Appellant's sentence on rehearing violates Article 63, UCMJ, and R.C.M. 810(d) because it is in excess of and more severe than his original approved court-martial sentence.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.


Followed by:

United States v.	Lawrence G. Hutchins, III	No. 12-0408/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Major S. Babu Kaza, USMCR (brief)
                      --------------------------------------- (reply brief)
Counsel for Appellee: Major Paul M. Ervasti, USMC (brief)

Case Summary: GCM conviction of conspiracy, making a false official statement, unpremeditated murder and larceny. Granted issues question (1) whether the findings and sentence must be dismissed with prejudice where unlawful command influence from the Secretary of the Navy has undermined substantial post-trial rights of the Appellant; (2) The Appellant was interrogated by NCIS concerning his involvement in the alleged crimes, and terminated the interview by invoking his right to counsel. Appellant was thereafter held incommunicado and placed in solitary confinement where he was denied the ability to communicate with a lawyer or any other source of assistance. Appellant was held under these conditions for 7 days, whereupon NCIS re-approached Appellant and communicated with him regarding their ongoing investigation. In response, Appellant waived his previously invoked right to counsel and subsequently provided NCIS a sworn statement concerning the alleged crimes. Did the military judge err when he denied the defense motion to suppress the Appellant's statement? See Edwards v. Arizona, 451 U.S. 477 (1981) and United States v. Brabant, 29 M.J. 259 (C.M.A. 1989).

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

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Tuesday, November 27, 2012

9:00 a.m.:

United States v.	Adam G. Cote	No. 12-0522/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Frank J. Spinner, Esq. (brief)
Counsel for Appellee:  Capt Brian C. Mason, USAF (brief)

Case Summary: GCM conviction of possession of child pornography. Granted issue questions whether evidence found on Appellant's computer should be suppressed because it was found pursuant to a search that violated the terms of the warrant.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Lazzaric T. Caldwell	No. 12-0353/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Michael B. Hanzel, JAGC, USN (brief)                               ------------------------------------------- (reply brief)
Counsel for Appellee:  Maj David N. Roberts, USMC (brief)

Case Summary: SPCM conviction of driving with a revoked license, failure to report revoked privileges, possession of spice, larceny, and self-injury. Specified issue questions whether as a matter of law a bona fide suicide attempt is punishable as self-injury under Article 134.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.