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


Tuesday, December 6, 2016

9:30 a.m.:

United States v.

Mark J. Rosario No.16-0424/MC
(Appellee) (Appellant) (audio)

Counsel for Appellant: LT Doug Ottenwess, JAGC, USN (brief)    
                                            ------------------------------- (reply brief)
Counsel for Appellee:  LT Robert J. Miller, JAGC, USN (brief)    

Case Summary: SPCM conviction of sexual harassment. Granted issue questions whether the lower court erred in conducting its Article 66(c), UCMJ, review by finding as fact allegations that supported charges of which Appellant was acquitted to affirm the findings and sentence.

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


Followed by:

United States v.

Jason M. Commisso No. 16-0555/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant:  Capt Joshua G. Grubaugh, JA, USA (brief)
                                            ----------------------------------- (reply brief)

Counsel for Appellee:   Capt Tara E. O'Brien Goble, JA, USA
                                            ---------------------------------------- (brief)

Case Summary: GCM conviction of abusive sexual contact, indecent viewing, photographing without consent, distributing indecent photos, inappropriate relationship, obstruction of justice, and making a false official statement. Granted issue questions whether the military judge abused his discretion in denying the defense's post-trial motion for a mistrial, thereby violating Appellant's right to have his case decided by a panel of fair and impartial members, because three panel members failed to disclose that they had prior knowledge of the case.

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


Wednesday, December 7, 2016

9:30 a.m.:

United States v.

Rodney B. Boyce No. 16-0546/AF
(Appellee) (Appellant) (audio)

Counsel for Appellant: James S. Trieschmann, Esq. (brief)
                                             ------------------------ (reply brief)         
Counsel for Appellee:  Maj Thomas J. Alford, USAF (brief)    

Case Summary: GCM conviction of rape and assault. Review granted on the following specified issue: The Chief of Staff of the Air Force advised the convening authority that, unless he retired, the Secretary of the Air Force would fire him. Was the convening authority's subsequent referral of charges unlawfully influenced by the threat to his position and career?

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


Followed by:

United States v.

Nicole A. Dalmazzi No. 16-0651/AF
(Appellee) (Appellant) (audio)

Counsel for Appellant:  Brian L. Mizer, Esq. (brief)
                                      ----------------------- (reply brief)
                                      ----------- (specified issue brief)   

Counsel for Appellee:   Maj Gary Osborn, USAF (brief)
                                      ------------ (specified issue brief)

Counsel for Amicus Curiae Military Commissions Defense Organization:  BG John G. Baker, USMC (brief)

Brief of Amicus Curiae -- Army Appellate Government Division

Brief of Amicus Curiae -- Navy-Marine Corps Appellate Gov't Division

Case Summary: GCM conviction of using ecstasy. Granted issues question: (1) whether United States Court of Military Commission Review judge, Martin T. Mitchell, is statutorily authorized to sit as one of the Air Force Court of Criminal Appeals judges on the panel that decided Appellant's case; and (2) whether Judge Martin T. Mitchell's service on both the Air Force Court of Criminal Appeals and the United States Court of Military Commission Review violates the appointments clause given his status as a superior officer on the United States Court of Military Commission Review.

Specified Issue: Whether the issues granted for review are moot where the record reflects that: Martin T. Mitchell took an oath purporting to install him as a judge of the U.S. Court of Military Commission Review (CMCR) on May 2, 2016; the Air Force Court of Criminal Appeals (AFCCA) issued an opinion in the underlying case with Judge Mitchell participating in his capacity as an AFCCA judge on May 12, 2016; and the President did not appoint Mitchell to the CMCR until May 25, 2016.

NOTE: The Court will hear oral argument only on the specified issue. Counsel for the Appellant and Appellee will be allotted 20 minutes each to present oral argument. The previous order allotting Amicus Curiae 10 minutes to present oral argument is rescinded.


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