YOU ARE HERE: HOME > HEARING CALENDAR > OCTOBER 2016 TERM > JANUARY 2017

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

---

Tuesday, January 10, 2017

9:30 a.m.:

United States v.	Joshua C. Davis	No.16-0306/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Scott A. Martin, JA, USA (brief)    
Counsel for Appellee:  Capt Tara E. O'Brien, JA, USA (brief)    

Case Summary: GCM conviction of rape. Granted issue questions whether the Army Court of Criminal Appeals erred in refusing to apply de novo review for failure to instruct on an affirmative defense raised by the evidence, and instead found forfeiture and applied a plain error analysis, contrary to this court's precedents in United States v. Taylor, 26 M.J. 127 (C.M.A. 1988); United States v. Davis, 53 M.J. 202 (C.A.A.F. 2000); and United States v. Stanley, 71 M.J. 60 (C.A.A.F. 2012).

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

Followed by:

United States v.	Mario I. Lopez	No. 16-0487/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Timothy G. Burroughs, JA, USA (brief)
                                       ----------------------------------------- (reply brief)
Counsel for Appellee:   Capt Jennifer A. Donahue, JA, USA (brief)

Case Summary: GCM conviction of rape and indecent liberties with a child. Granted issue questions whether the military judge erred by admitting the testimony of Appellant's wife, Mrs. CL, who testified that Appellant's apology to his stepson meant that Appellant was "loosely admitting guilt" to criminal conduct, and by also admitting the testimony of Ms. NM, who testified that Appellant "had probably raped" his wife because Mrs. CL had recently researched "spousal rape" on the Internet.

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

---

Wednesday, January 11, 2017

9:30 a.m.:

United States v.	Richard K. Price Jr.	No. 16-0611/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Mark C. Bruegger, USAF (brief)
                                  ---------------------------------- (reply brief)
Counsel for Appellee:  Gerald R. Bruce, Esq. (brief)

Case Summary: SPCM conviction of using cocaine, using alprazolam, possession of alprazolam, distribution of cocaine, alprazolam, and codeine. Granted issue questions whether the military judge abused his discretion by forcing Appellant to admit to misconduct greater than was necessary for a provident plea.

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

Followed by:

United States v.	Patrick A. Shea	No. 16-0530/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Maj Isaac C. Kennen, USAF (brief)
                                       ----------------------------- (reply brief)   
Counsel for Appellee:  Maj Meredith L. Steer, USAF (brief)

Case Summary: SPCM conviction of assault, communicating a threat, and disobeying a no-contact order. Granted issues question (1) whether the Court of Criminal Appeals erred on remand when, over Appellant's timely objection, this case was assigned to a panel that did not include all three of the judges from the original decision; and (2) whether a reasonable observer would question the impartiality or independence of the Court of Criminal Appeals after witnessing the removal of Judge Hecker from this case on remand following the government's allegations that her impartiality has been impaired by the decision of the Judge Advocate General, who is himself part of the government, to assign her to perform non-judicial additional duties within the government.

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