YOU ARE HERE: HOME > HEARING CALENDAR > SEPTEMBER 2013 TERM > MAY 2014

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

---

Tuesday, May 13, 2014

9:30 a.m.:

United States v.	George D. MacDonald	No. 14-0001/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  William E. Cassara, Esq. (brief)                                      -------------------------- (reply brief)                     Counsel for Appellee:  Capt Daniel M. Goldberg, JA, USA (brief)

Case Summary: GCM conviction of premeditated murder, two specifications of assault, and resisting apprehension. Granted issues question: (I) whether the Army Court of Criminal Appeals erred in determining that the military judge's error in quashing a subpoena issued to Pfizer, Inc., to produce relevant and necessary documents regarding clinical trials, adverse event reports, and post-market surveillance of the drug varenicline was harmless beyond a reasonable doubt; and, (II) whether the military judge abused his discretion in denying a defense requested instruction on involuntary intoxication, and erred in failing to instruct the members on the effect of intoxication on Appellant's ability to form specific intent and premeditation.

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

Followed by:

United States v.	Michael L. Treat	No. 14-0280/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Maj Jacob D. Bashore, JA, USA (brief)                                     ----------------------------------- (reply brief)
Counsel for Appellee:  Capt Daniel H. Karna, JA, USA (brief)

Case Summary: GCM conviction of missing movement and making a false official statement. Granted issue questions whether there is a fatal variance and a violation of Appellant's Due Process right to notice when the Government alleged that Appellant missed the movement of a particular aircraft but the proof established that he missed the movement of a particular unit.

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

---

Wednesday, May 14, 2014

9:30 a.m.:

United States v.	Jaason Leahr	No. 14-0265/CG
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  William E. Cassara, Esq. (brief)
Counsel for Appellee:  LCDR Amanda M. Lee, USCG (brief)

Case Summary: GCM conviction of larceny, assault, and communicating a threat. Granted issues question: (I) whether the military judge erred in denying the defense motion to dismiss for violation of Appellant's right to speedy trial under R.C.M. 707; (II) whether the Government's withdrawal of charges and re-referral to another court-martial was in violation of R.C.M. 604(b) because they were previously withdrawn for an improper reason; and, (III) whether Appellant was denied a fair trial when the military judge twice suggested in front of the members that Appellant was guilty, first by "thanking" a witness for his efforts to protect the victim, and then by asking defense counsel before findings whether a witness would be subject to recall as a "sentencing witness."

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