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

Tuesday, April 5, 2016

12:15 p.m.:

United States v.	Calyx E. Harrell	No.16-0007/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Douglas L. Cody, Esq. (brief) (reply brief)
Counsel for Appellee: Maj Mary Ellen Payne, USAF (brief)

Brief of Amicus Curiae -- University of Alabama School of Law

Case Summary: GCM conviction of use of marijuana, possession of marijuana and conduct unbecoming an officer. Granted issue questions whether evidence obtained from a police search of Appellant's vehicle on or about August 4, 2010, was obtained in violation of the Fourth Amendment and should have been suppressed.

NOTE: This case will be heard as a Project Outreach case at the University of Alabama School of Law, Tuscaloosa, Alabama. Counsel for each side will be allotted 20 minutes to present oral argument.

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Wednesday, April 6, 2016

9:00 a.m.:

United States v.	Beau T. Martin	No.15-0754/MC
(Appellee/ Cross-Appellant)	(Appellant/ Cross-Appellee)	(audio)

Counsel for Appellant/Cross-Appellee: LT Jacqueline M. Leonard, USMC (brief) (reply brief)
Counsel for Appellee/Cross-Appellant:  Maj Suzanne M. Dempsey, USMC (brief) (reply brief)

Case Summary: GCM conviction of wrongful sexual contact. Granted issue questions whether the Court of Criminal Appeals erred in holding that the human lie detector testimony offered by the alleged victim's husband was not materially prejudicial. Certified issue questions whether trial defense counsel invited error when he opened the door to human lie detector testimony during the cross-examination of the victim's husband?

NOTE: This case will be heard as a Project Outreach case in Wood Auditorium at the Air Command and Staff College, Maxwell AFB, Alabama. Counsel for each side will be allotted 20 minutes to present oral argument.

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Tuesday, April 26, 2016

9:30 a.m.:

United States v.	Andrew P. Witt	No.15-0260/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Brian L. Mizer, Esq. (brief) (reply brief)
      (brief on specified issues) (reply brief on specified issues)
Counsel for Appellee:  Maj Matthew J. Neil, USAF (brief)
      (brief on specified issues) (reply brief on specified issues)

Case Summary: Appellant was convicted of premeditated murder and attempted premeditated murder and sentenced to death. The Judge Advocate General of the Air Force forwarded the case for mandatory review. Issues to be argued will be limited to the issues specified by the Court: (1) whether a Court of Criminal Appeals sitting en banc can reconsider a previous en banc decision of that Court pursuant to statutory authority, applicable precedent, or inherent authority? (2) whether a decision of a Court of Criminal Appeals sitting en banc can be reconsidered en banc when the composition of the en banc Court has changed?

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

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Wednesday, April 27, 2016

9:30 a.m.:

United States v.	Monifa J. Sterling	No. 15-0510/MC & 16-0223/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Paul D. Clement, Esq. (brief) (reply brief)
Counsel for Appellee:  Brian K. Keller, Esq. (brief) (reply brief)

Brief of Amici Curiae -- Members of Congress, American Center for Law and Justice, and Committee to Protect Religious Liberty in the Military

Brief of Amicus Curiae -- Citizens United, Citizens United Foundation, U.S. Justice Foundation, Faith and Action, Public Advocate of the U.S., Conservative Legal Defense and Education Fund, Institute on the Constitution, E. Ray Moore, and George P. Byrum

Brief of Amici Curiae -- Nine Retired General Officers

Brief of Amici Curiae -- States of Oklahoma, Nevada, Arizona, Arkansas, Georgia, Nebraska, South Carolina, Texas, Utah, and West Virginia

Brief of Amici Curiae -- Alliance Defending Freedom and Chaplain Alliance for Religious Liberty

Brief of Amici Curiae -- Aleph Institute, et al.

Brief of Amicus Curiae -- Rabbi Philip Lefkowitz

Brief of Amici Curiae -- Americans United for Separation of Church and State, Jewish Social Policy Action Network, and People for the American Way Foundation

Case Summary: SPCM conviction of failure to go, disrespect to an officer and disobeying an NCO. Review granted on the following specified issues: (1) Did Appellant establish that her conduct in displaying signs referencing biblical passages in her shared workplace constituted an exercise of religion within the meaning of the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-1 (2012), as amended? If so, did the actions of her superior noncommissioned officer in ordering her to take the signs down, and in removing them when she did not, constitute a substantial burden on Appellant's exercise of religion within the meaning of the act? If so, were these actions in furtherance of a compelling government interest and the least restrictive means of furthering that interest? (2) Did Appellant's superior noncommissioned officer have a valid military purpose in ordering Appellant to remove signs referencing biblical passages from her shared workplace? Certified issues question: (1) Did Appellant's failure to follow an instruction on the accommodation of religious practices impact her claim for relief under the Religious Freedom Restoration Act? (2) Did Appellant waive or forfeit her Religious Freedom Restoration Act claim of error by failing to raise it at trial?

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