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


Wednesday, January 14, 2015

9:00 a.m.:

United States v.

Troy B. Norman No.14-0524/MC
(Appellee) (Appellant) (audio)

Counsel for Appellant: LT Jennifer L. Myers, JAGC, USN (brief)                                                    ------------------------------ (reply brief) Counsel for Appellee: Capt Matthew M. Harris, USMC (brief)    

Case Summary: GCM conviction of endangering a child. Granted issue questions whether the conviction for child endangerment by culpable negligence is legally insufficient when the only testimony offered to prove its service discrediting nature was admitted in error.

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


Followed by:

United States v.

Matthew R. Adams, Jr. No. 14-0495/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant:  Capt Nicholas J. Larson, JA, USA (brief)    
Counsel for Appellee:  Capt Timothy C. Erickson, JA, USA (brief)

Case Summary: SPCM conviction of larceny. Granted issue questions whether the Army Court of Criminal Appeals erred in finding that the military judge did not abuse his discretion in admitting the portion of Appellant's sworn statement regarding the (theft) of cocaine because the government failed to corroborate, in accordance with Military Rule of Evidence 304(g), the essential fact that Appellant took cocaine .

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


Tuesday, January 27, 2015

9:00 a.m.:

United States v.

Brittany N. Olson No. 14-0166/AF
(Appellee) (Appellant) (audio)  

Counsel for Appellant:  Capt Jeffrey A. Davis, USAF  (brief)                                                   ------------------------- (reply brief)
Counsel for Appellee:   Maj Mary Ellen Payne, USAF (brief)

Case Summary: GCM conviction of dereliction of duty, reckless spoilage of property, possession of ketamine, and larceny. Granted issue questions whether the military judge erred by denying the defense's motion to suppress the evidence seized from Appellant's house because the totality of the circumstances indicated that Appellant's consent to search was involuntary.

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


Followed by:

United States v.

Tahir L. Muwwakkil No. 15-0112/AR
(Appellant) (Appellee) (audio)  

Counsel for Appellant:  Capt Carrie L. Ward, JA, USA (brief)    
Counsel for Appellee:   Capt Nicholas J. Larson, JA, USA (brief)

Case Summary: GCM prosecution for rape and assault. At trial, the military judge suppressed the statements of the accused, and the government filed an appeal under Article 62, UCMJ. The Army Court of Criminal Appeals denied the government's appeal, and the Judge Advocate General of the Army certified the following issues: (1) whether the U.S. Army Court of Criminal Appeals erred in its application of both the Federal Jencks Act (18 U.S.C. § 3500) and Rule for Courts-Martial 914; (2) whether the U.S. Army Court of Criminal Appeals erred in its deference to the military judge's findings and conclusions, as she failed to consider the totality of the case, and instead made a presumption of harm before ordering an extraordinary remedy. See, e.g., Killian v. United States, 368 U.S. 231 (1961).

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