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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, October 7, 2014

9:30 a.m.:

United States v.	Jessica E. McFadden	No. 12-0501/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Michael A. Schrama, USAF (brief)                                                ------------------------------- (reply brief)
Counsel for Appellee:   Capt Richard J. Schrider, USAF (brief)    

Case Summary: GCM conviction of absence without leave, desertion, conspiracy to commit desertion and making a false official statement. Granted issues question: (1) whether the AFCCA erred when it held that the military judge did not abuse his discretion by failing to excuse for cause a court member who accused Appellant of lying by omission by exercising her Article 31(b), UCMJ, right to remain silent; and (2) whether the military judge abused his discretion by denying defense counsel's request for a mistrial after a court member accused Appellant of lying by omission by exercising her Article 31(b), UCMJ, right to remain silent.

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

Followed by:

United States v.	Joshua Katso	No. 14-5008/AF
(Appellant)	(Appellee)	(audio)

Counsel for Appellant:  Capt Thomas J. Alford, USAF (brief)    
Counsel for Appellee:  Maj Nicholas D. Carter, USAF (brief)  

Brief of Amicus Curiae -- Defense Forensic Science Center / U.S. Army Criminal Investigation

Case Summary: GCM conviction of aggravated assault, burglary, and unlawful entry. Certified issue questions whether the Air Force Court of Criminal appeals erred when it found Appellee’s Sixth Amendment right to confrontation was violated when the military judge permitted, over defense objection, the testimony of the Government’s DNA expert, and that the error was not harmless.

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

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Wednesday, October 8, 2014

9:30 a.m.:

United States v.	James S. Piren	No. 14-0453/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Robert H. Meek, III, JA, USA (brief)                                                ---------------------------------- (reply brief)
Counsel for Appellee:   Capt Daniel H. Karna, JA, USA (brief)

Case Summary: GCM conviction of abusive sexual contact. Granted issues question: (1) whether the military judge abused her discretion by overruling the defense counsel's scope objection during the government's cross-examination of Appellant; and (2) whether the military judge erred by denying the motion to suppress results of the DNA analysis.

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

Followed by:

United States v.	Justin M. Piolunek	No. 14-0283/AF & 14-5006/AF
(Appellee/ Cross-Appellant)	(Appellant/ Cross-Appellee)	(audio)

Counsel for Appellee/Cross-Appellant:  Capt Thomas J. Alford, USAF
                                                  -------------------------------------- (brief)    
                                                  ------------------------------- (reply brief) Counsel for Appellant/Cross-Appellee:  Greg Gagne, Esq. (brief)    
                                                  --------------------------- (reply brief)

Case Summary: GCM conviction of receiving child pornography, possessing child pornography, enticing a minor and using indecent language towards a child. Certified issue questions whether the AFCCA erred in finding that images 8308, 8313, and 0870 did not constitute visual depictions of a minor engaged in sexually explicit conduct as a matter of law. Granted issue questions whether Appellant's convictions for possession and receipt of child pornography on divers occasions must be set aside because several images offered in support of the specifications are not child pornography and are constitutionally protected, a general verdict was entered, and it is impossible to determine whether said images contributed to the verdict.

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

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Wednesday, October 15, 2014

10:00 a.m.:

United States v.	Michael B. Gilbreath	No. 14-0322/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Maj John J. Stephens, USMC (brief)
                                      -------------------------------- (reply brief)
Counsel for Appellee:   LT Ian D. MacLean, JAGC, USN (brief)

Case Summary: GCM conviction of larceny. Granted issues question: (1) whether individual ready reservists, subject to punishment under the UCMJ, are entitled to the protections of Article 31(b) when questioned by senior service members about suspected misconduct committed on active duty; (2) whether the military judge erred in concluding that Appellant's statements were admissible under Article 31(b), UCMJ, and Military Rule of Evidence 305.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument. Project Outreach case to be heard at Marine Corps Base, Camp Lejeune, North Carolina.

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Monday, October 20, 2014

9:30 a.m.:

United States v.	Bryce M. Phillips	No. 14-0199/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Patrick A. Crocker, JA, USA (brief)
Counsel for Appellee:   Capt Daniel M. Goldberg, JA, USA (brief)

Case Summary: GCM conviction of absence without leave, use of cocaine, and disobeying an officer. Granted issue questions whether the military judge abused his discretion by accepting Appellant's plea of guilty to disobeying the order of his commander in violation of Article 90, UCMJ, when the ultimate offense at issue was the minor offense of breaking restriction described under Article 134, UCMJ, and the record does not reflect Appellant's understanding that the order imposing restriction was issued with the full authority of his commander's office to lift the duty, in the parlance of this Court's earlier opinion, "above the common ruck."

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

Followed by:

United States v.	Steven S. Morita	No. 14-5007/AF
(Appellant/ Cross-Appellee)	(Appellee/ Cross-Appellant)	(audio)

Counsel for Appellant/Cross-Appellee:  Maj Rhea A. Lagano, USAF
                                                  ---- (brief) (Cross-Appellee brief)
Counsel for Appellee/Cross-Appellant:  Matthew A. Siroka, Esq.
                                                  ---- (brief) (Cross-Appellant brief)

Case Summary: GCM conviction of forgery, larceny, and making a false claim. Granted issue questions: (1) whether the Air Force Court of Criminal Appeals erred by finding that a reservist can create court-martial jurisdiction by forging active duty orders and/or inactive-duty training orders and by finding that court-martial jurisdiction existed for each 120-day period listed on the three applications for MPA man-day tours. The certified issue questions whether the Air Force Court of Criminal Appeals erred when it found the court-martial lacked subject matter jurisdiction and whether the Air Force Court of Criminal Appeals abused its discretion when it refused to grant to the Government's motion to submit documents.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case. Oral argument will be held on the subject matter jurisdiction portion of the certified issue only.

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Tuesday, October 21, 2014

9:30 a.m.:

United States v.	Jordan M. Peters	No. 14-0289/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Payum Doroodian, JA, USA (brief)
Counsel for Appellee:   Capt Timothy C. Erickson, JA, USA (brief)

Case Summary: GCM conviction of drunk driving, involuntary manslaughter, assault, and reckless driving. Granted issue questions whether the military judge erred in denying the implied bias challenge against LTC JC, in light of LTC JC's professional relationship with trial counsel, the special court-martial convening authority, and the investigating officer.

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

Followed by:

United States v.	Eric R. Castillo	No. 14-0457/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Aaron R. Inkenbrandt, JA, USA (brief)                                                    --------------------------------- (reply brief)
Counsel for Appellee:   Maj Kenneth W. Borgino, JA, USA (brief)    

Case Summary: GCM conviction of rape and assault. Granted issue questions whether, under the totality of the circumstances, the military judge erred in denying the defense implied bias challenge against LTC DS in light of his personal experience as a sexual assault victim, his direct supervisory role over two other members, his ongoing reliance on the trial counsel for military justice advice, the presence of four other members who also received military justice assistance from the trial counsel, and the fact that the panel was selected exclusively from Appellant's brigade.

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