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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, February 10, 2015

9:00 a.m.:

United States v.	Mark K. Arness	No.14-8014/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Michael A. Schrama, USAF (brief)
Counsel for Appellee: Gerald R. Bruce, Esq. (brief)    

Case Summary: GCM conviction of absence without leave, making false official statements and conduct unbecoming an officer. Specified issue questions whether the United States Air Force Court of Criminal Appeals had jurisdiction to entertain a writ of error coram nobis where there was no statutory jurisdiction under Article 66(b)(1), UCMJ, on the underlying conviction and the case was not referred to the Court of Criminal Appeals by the Judge Advocate General under Article 69(d)(1), UCMJ, and where the Court of Criminal Appeals relied on potential jurisdiction under Article 69(d), UCMJ, as its basis for entertaining the writ (citing Dew v. United States, 48 M.J. 639 (Army Ct. Crim. App. 1998)).

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

Followed by:

United States v.	Dana P. Blouin	No. 14-0656/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Heather L. Tregle, JA, USA (brief)    
                                                    ------------------------- (reply brief) Counsel for Appellee:  Capt Benjamin W. Hogan, JA, USA (brief)

Case Summary: GCM conviction of possession of child pornography. Granted issue questions whether the military judge erred by accepting Appellant's plea of guilty to the specification of the charge where Prosecution Exhibit 4 demonstrated that the images possessed were not child pornography.

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

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Wednesday, February 11, 2015

9:00 a.m.:

United States v.	Nancy L. Castillo	No.14-0724/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Carrie E. Theis, JAGC, USN (brief)                                                     ------------------------- (reply brief)
Counsel for Appellee:  Capt Matthew M. Harris, USMC (brief)    

Case Summary: SPCM conviction of absence without leave, violating a general order, making false official statements and larceny. Granted issue questions whether the lower court improperly determined that duty to self-report one's own criminal arrests found in Office of the Chief Naval Operations Instruction 3120.32C was valid despite the instruction's obvious conflict with superior authority and the Fifth Amendment.

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

Followed by:

United States v.	Collin J. Carter	No. 14-0792/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Patrick A. Crocker, JA, USA (brief)    
Counsel for Appellee:  Maj John K. Choike, JA, USA (brief)

Case Summary: GCM conviction of indecent conduct. Granted issue questions whether the military judge abused her discretion by preventing defense counsel from presenting facts of Appellant's unlawful pretrial punishment as mitigation evidence at sentencing.

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

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Wednesday, February 25, 2015

9:00 a.m.:

United States v.	Allyssa K. Simmermacher	No.14-0744/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Ryan W. Aikin, JAGC, USN (brief)    
Counsel for Appellee:  Capt Corey Carver, USMC (brief)    

Case Summary: GCM conviction of use of cocaine and making a false official statement. Granted issue questions whether the military judge should have abated the proceedings where the government negligently destroyed the sole piece of evidence that provided the basis for Appellant's conviction prior to both the referral of charges and the assignment of defense counsel.

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

Followed by:

United States v.	Marshand A. Woods	No. 14-0783/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  LT Gabriel K. Bradley, JAGC, USN (brief)    
                                                    --------------------------- (reply brief) Counsel for Appellee:  LT Ann E. Dingle, JAGC, USN (brief)

Case Summary: GCM conviction of aggravated sexual assault. Granted issue questions whether the military judge erred by denying a challenge for cause against the court-martial president, who said the "guilty until proven innocent" standard is "essential" to the military mission?

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