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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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Tuesday, February 19, 2013

9:30 a.m.:

United States v.	Heather D. Lubich	No. 12-0555/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Kevin S. Quencer, JAGC, USN (brief)                              ------------------------------------------- (reply brief)
Counsel for Appellee: Maj William C. Kirby, USMC (brief)

Case Summary: SPCM conviction of attempted larceny, wrongfully using another's identification, and impersonating an officer. Granted issue questions whether the military judge erred by overruling defense counsel's foundation and authentication objections and admitting computerized data evidence gathered by an unnamed Navy-Marine Corps intranet (NMCI) analyst who used an unidentified process with unknown reliability to collect data related to Appellant's network user activity.

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

Followed by:

United States v.	Daniel Gaskins	No. 13-0016/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: William E. Cassara, Esq. (brief)(reply brief)
Counsel for Appellee: Capt Chad M. Fisher, JA, USA (brief)

Case Summary: GCM conviction of carnal knowledge, indecent acts with a child and indecent assault. Granted issues question (1) whether the Government's loss of a sentencing exhibit rendered the record of trial incomplete under Article 54, UCMJ, resulting in a jurisdictional limitation on the sentence to one no greater than that which would be approved for a non-verbatim record; and (2) whether Appellant waived the failure to plead the terminal element of the Article 134 offenses by his failure to raise that issue at the sentence rehearing, and if not, whether those charges should be dismissed because the Government failed to plead the terminal element.

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

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Tuesday, February 26, 2013

9:30 a.m.:

United States v.	Bruce L. Kelly	No. 12-0524/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Ian M. Guy, JA, USA (brief)
                 ---------------------------------- (specified issue brief)
Counsel for Appellee: Capt Sean Fitzgibbon, JA, USA (brief)                  ---------------------------------- (specified issue brief)

Brief of Amici Curiae -- Michelle Behan, Paul Bennett, David Potts, and Matthew Randle

Case Summary: GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant's personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government's search of Appellant's personal computer was reasonable because the Government was not "certain" or "absolutely clear" that it would be returned to the wounded-warrior Appellant.

NOTE: This case will be heard as a Project Outreach case at the University of Arizona, James E. Rogers College of Law, Tucson, Arizona. Counsel for each side will be allotted 20 minutes to present oral argument in this case.