YOU ARE HERE: HOME > HEARING CALENDAR > SEPTEMBER 2013 TERM > NOVEMBER 2013

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

---

Monday, November 18, 2013

9:30 a.m.:

United States v.	Shawn M. Hines	No. 13-5010/AR
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Capt T. Campbell Warner, JA, USA  (brief)
                                       --------------------------------- (reply brief)
Counsel for Appellee: Capt Robert N. Michaels, JA, USA (brief)

Case Summary: GCM conviction of making false official statements, larceny of military property, and wrongfully appropriating property. Certified issues question (1) whether the Army Court of Criminal Appeals erred when it held that Appellee's pleas to Specifications 1, 2, and 3 of Charge II were improvident because theft of basic allowance for housing and family separation allowance occurring over multiple months "amounts to a separate larceny each month the money is received;" and (2) whether the Army Court of Criminal Appeals erred when it held that Appellee's pleas to Specifications 1 and 3 of Charge II were improvident because the military judge "never satisfactorily resolved the inconsistency between [Appellee's] pleas to the entire amount [of basic allowance for housing] in light of his apparent entitlement to a lesser amount."

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

Followed by:

United States v.	Michael L. Knapp	No. 13-0512/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Isaac C. Kennen, USAF (brief)
                                  ----------------------------- (reply brief)
Counsel for Appellee:  Capt Thomas J. Alford, USAF (brief)

Case Summary: GCM conviction of aggravated sexual assault. Granted issue questions whether the military judge (1) plainly erred by initially allowing "human lie detector" testimony, (2) abused his discretion by allowing further admission of "human lie detector" testimony over defense objection, and (3) erred by not providing a curative instruction on the "human lie detector" testimony.

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