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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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Wednesday, March 1, 2017

9:30 a.m.:

United States v.	Sean R. Erikson	No.16-0705/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Matthew D. Bernstein, JA, USA (brief)    
Counsel for Appellee:  Capt John Gardella, JA, USA (brief)    

Case Summary: GCM conviction of sexual assault and adultery. Granted issues question (1) whether the military judge erred in excluding evidence that the victim previously made a false accusation of sexual contact against another soldier; (2) CMCR judges Larss G. Celtnieks and Paulette V. Burton are not statutorily authorized to sit on the Army Court of Criminal Appeals; (3) even if CMCR Judges Larss G. Celtnieks and Paulette V. Burton are statutorily authorized to be assigned to the Army Court of Criminal Appeals, their service on both courts violates the appointments clause given their newly attained status as superior officers.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument. Oral argument will be on Issue I only.

Followed by:

United States v.	Sean M. Ahern	No. 17-0032/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Kirk Sripinyo, Esq. (brief)
                                       ---------------- (reply brief)
Counsel for Appellee:   Capt Samuel E. Landes, JA, USA (brief)

Case Summary: GCM conviction of aggravated sexual assault of a child, assault and battery of a child, indecent acts with a child and child endangerment. Granted issue questions whether the lower court erred when it held that the prohibition against using an admission by silence provided by Mil. R. Evid. 304(a)(2) is triggered only "when the accused is aware of" an investigation contrary to the plain language of the rule.

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

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Wednesday, March 15, 2017

1:00 p.m.:

United States v.	James W. Richards, IV	No.16-0727/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: William E. Cassara, Esq. (brief)                                      ------------------------- (reply brief)
Counsel for Appellee:  Maj Mary Ellen Payne, USAF (brief)    

Case Summary: GCM conviction of possession of child pornography, indecent acts with a child and violating a no-contact order. Granted issues question (1) whether the panel of the Court of Criminal Appeals that heard Appellant's case was improperly constituted; and (2) whether the 9 November 2011 search authorization was overbroad in failing to limit the dates of the communications being searched, and is so, whether the error was harmless.

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

Followed by:

United States v.	Justin M. Gurczynski	No. 17-0139/AR
(Appellant)	(Appellee)	(audio)

Counsel for Appellant:  Capt Carling M. Dunham, JA, USA (brief)
                                                ------------------------------ (reply brief)
Counsel for Appellee:   Capt Cody Cheek, JA, USA (brief)

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

Case Summary: GCM prosecution for possession of child pornography. The military judge suppressed the evidence of child pornography found on the Appellee's thumb drive based on a violation of the Fourth Amendment. The Army Court of Criminal Appeals denied the government's appeal. The government requested reconsideration en banc which the Army Court denied. The Judge Advocate General of the Army then certified this case to this Court. Certified issue questions whether the military judge erred in suppressing evidence of child pornography that a digital forensic examiner discovered during a search for Appellee's communications with a child victim.

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

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Thursday, March 16, 2017

9:30 a.m.:

United States v.	Shane E. Reese	No. 17-0028/CG
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: William E. Cassara, Esq. (brief)
Counsel for Appellee:  LT Tereza Z. Ohley, USCG (brief)

Case Summary: GCM conviction of making a false official statement, using marijuana, possession of marijuana, distribution of marijuana, sexual abuse of a child and making threatening statements to a child. Granted issues question (1) whether the military judge erred in allowing the government to make a major change to a specification after the complaining witness's testimony did not support the offense as originally charged; and (2) whether the specification of the additional charge fails to state an offense where the terminal element failed to allege words of criminality and where the alleged conduct fell within a listed offense of Article 134, UCMJ.

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

Followed by:

United States v.	Austin L. Hendrix	No. 16-0731/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Cody Cheek, JA, USA (brief)                                                  -------------------- (reply brief)
Counsel for Appellee:  Capt Linda Chavez, JA, USA (brief)

Case Summary: GCM conviction of sexual assault of a child. Granted issues question (1) whether the military judge abused his discretion when he denied a defense motion to suppress related to the identification of the Appellant during a voice lineup; (2) whether acceptance of appointment as a CMCR judge terminated the military commission of Judge Herring; (3) whether, as an appointed judge of the CMCR, Judge Herring did not meet the UCMJ definition of appellate military judge; (4) whether the assignment of inferior officers and principal officers to a single judicial tribunal itself violated the appointments clause; and (5) whether the military judge abused his discretion in denying Appellant's motion to compel an expert consultant, EP, in the field of Audio Forensic Science and voice identification.

NOTE:Counsel for each side will be allotted 20 minutes to present oral argument. Oral argument will be on Issues I and V only.