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

Tuesday, November 18, 2014

9:30 a.m.:

United States v.

Hasan K. Akbar No. 13-7001/AR
(Appellee) (Appellant) (audio - Pt 1, Pt 2)

Counsel for Appellant:  LtCol Jonathan F. Potter, JA, USA (brief)                                                    ------------------------------ (reply brief)
                                      Maj Jacob D. Bashore, JA, USA
                                      Capt Aaron R. Inkenbrandt, JA, USA

Counsel for Appellee:   Maj Kenneth W. Borgnino, JA, USA (brief)    
                                     Capt Janae M. Lepir, JA, USA

Case Summary: GCM conviction of premeditated murder and attempted premeditated murder. Appellant was sentenced to be put to death. The convening authority approved the adjudged sentence and the Army Court of Criminal Appeals affirmed. The issues to be heard at oral argument are: (1) Whether the Appellant was denied his right to the effective assistance of counsel, as guaranteed by the Sixth Amendment to the U.S. Constitution, at every critical stage of his court-martial; (2) Whether this Court should order a post-trial evidentiary hearing to resolve disputed factual issues relevant to Appellant's numerous collateral claims unless the Court finds in his favor on another dispositive ground; (3) Whether the prosecution's victim impact presentation and argument, and counsel's failure to object, violated Appellant's Fifth, Sixth, and Eighth Amendment rights; (4) Whether the military judge denied Appellant a fair trial by failing to sua sponte dismiss fourteen of the fifteen panel members for cause based on actual and implied bias manifested by relationships of the members, a predisposition to adjudge death, an inelastic opinion against considering mitigating evidence on sentencing, visceral reactions to the charged acts, preconceived notions of guilt, and detailed knowledge of uncharged misconduct that had been excluded; and (5) Whether the analysis of the Army Court of Criminal Appeals of Appellant's case was flawed because of its misapplication of the standards applicable to federal and state capital defense counsel and that court's determination that counsel were "well-qualified."

NOTE: Each side has been allotted one hour to present oral argument.

Wednesday, November 19, 2014

9:30 a.m.:

United States v.

William E. Newton, Jr. No. 14-0415/AR
(Appellee) (Appellant) (audio)

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

Case Summary: GCM conviction of rape of a child, indecent acts, sending lewd pictures to a child, and failure to register as a sex offender. Granted issue questions whether the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250 (a) (2006), applied to Appellant as a result of either the Attorney General's 2007 interim rule or his 2008 guidelines. See, e.g., United States v. Lott, 750 F.3d 214 (2d Cir. 2014), 2014 WL 1522796; United States v. Reynolds, 710 F.3d 498 (3d Cir. 2013.)

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

Followed by:

United States v.

William R. Jones No. 14-0057/AF
(Appellee) (Appellant) (audio)

Counsel for Appellant:  Capt Jeffrey Davis, USAF (brief)    
Counsel for Appellee:  Maj Daniel J. Breen, USAF (brief)

Case Summary: GCM conviction of drunk driving, assault consummated by battery, and conduct unbecoming an officer. Granted issue questions whether the de facto officer doctrine conferred validity upon Judge Soybel's participation in the Air Force Court of Criminal Appeals' decision in Appellant's case. See Ryder v. United States, 515 U.S. 177, 182-84 (1995); Nguyen v. United States, 539 U.S. 69, 72-73 (2003); United States v. American-Foreign S.S. Corp., 363 U.S. 685 (1960); Ayshire Collieries Corp. v. United States, 331 U.S. 132 (1947); Norton v. Shelby County, 118 U.S. 425, 446 (1986); United States v. Janssen, 73 M.J. 221 (C.A.A.F. 2014); United States v. Elliott, 15 M.J. 347 (C.M.A. 1983).

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

Hearings have been scheduled on the following dates.

All scheduled hearings will include case summaries. These hearings will be held in the courtroom located on the second floor of the Courthouse, 450 E Street, Northwest, Washington, D.C. 20442-0001, unless otherwise noted.

Audio recordings of hearings normally will be available on this page the day following the hearing.


United States Court of Appeals for the Armed Forces • 450 E Street, NW Washington, DC 20442-0001
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax