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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, January 9, 2018

9:30 a.m.:

United States v.	Gene N. Williams	No. 17-0285/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LTC Christopher D. Carrier, JA, USA (brief)                                                   ---------------------------------- (reply brief)
Counsel for Appellee:  CPT Allison L. Rowley, JA, USA (brief)    

Case Summary: GCM conviction of rape, forcible sodomy, assault and battery and aggravated assault. Granted issue questions whether the Army Court of Criminal Appeals erroneously found that the propensity instruction given in this case falls within an exception to the holding in United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).

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

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Wednesday, January 10, 2018

9:30 a.m.:

United States v.	David C. Carpenter II	No. 17-0476/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Stephen H. Carpenter, Jr. Esq. (sealed brief)
Counsel for Appellee:  Col Katherine E. Oler, USAF (sealed brief)    

Case Summary: GCM conviction of sexual assault on a child. Granted issue questions whether the Air Force Court of Criminal Appeals erred in limiting the cross-examination of the complaining witness under Military Rule of Evidence 412 on an issue showing that Appellant's subjective mistake of fact as to the complaining witness's age was objectively reasonable.

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

Followed by:

United States v.	Sean C. Mooney	No. 17-0405/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Brian L. Mizer, Esq. (brief) (reply brief)
Counsel for Appellee:  Maj Clayton H. O'Connor, USAF (brief)    

Case Summary: GCM conviction of sexual assault and sexual abuse of a child. Granted issue questions whether the convening authority's action is void ab initio where it purports to order Appellant's adjudged court-martial sentence to run consecutive to his previously adjudged federal sentence instead of concurrently as required by Article 57, UCMJ.

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

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Tuesday, January 23, 2018

9:30 a.m.:

United States v.	Robert A. Condon	No. 17-0392/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Philip D. Cave, Esq. (brief) (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)    

Case Summary: GCM conviction of dereliction of duty, rape, sexual assault, stalking, forcible sodomy, aggravated assault, obstruction of justice and kidnapping. Granted issue raised is: upon request by the defense counsel and utilizing a defense proposed instruction, should the military judge have provided the members with an explanation of the term "incapable"? Review granted on the following specified issue: whether the military judge erred in admitting Appellant's invocation of his right to counsel in his AFOSI interview at trial over defense objection, and, if so, whether that error was harmless beyond a reasonable doubt.

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

Followed by:

United States v.	Alexander S. Wheeler	No. 17-0456/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Virginia M. Bare, USAF (brief) (reply brief)
Counsel for Appellee:  Maj Matthew L. Tusing, USAF (brief)    

Case Summary: GCM conviction of attempting lewd acts with a child and attempting to entice a child. Granted issue questions whether the lower court erroneously concluded Charge II was not preempted by Article 120b, UCMJ, 10 U.S. C. § 920.

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

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Wednesday, January 24, 2018

9:30 a.m.:

United States v.	Vashaun M. Blanks	No. 17-0404/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Brian L. Mizer, Esq. (brief) (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)    

Case Summary: GCM conviction of dereliction of duty, making a false official record and statement, larceny and obstruction of justice: Granted issue is: in light of this Court's decision in United States v. Haverty, 76 M.J. 199 (C.A.A.F. 2017), did the military judge err when he instructed the members Appellant could be convicted of negligent dereliction of duty?

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

Followed by:

United States v.	Hank W. Robinson	No. 17-0504/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Mark C. Bruegger, USAF (brief)
                                   ----------------------------------(reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)    

Brief of Amicus Curiae -- Army Defense Appellate Division

Brief of Amici Curiae -- Electronic Frontier Foundation, American Civil Liberties Union, and ACLU of the District of Columbia

Case Summary: GCM conviction of sexual abuse of a child. Granted issues question: (1) whether the military judge abused his discretion by failing to suppress evidence obtained from Appellant's cell phone; and (2) whether the Air Force Court erred in holding Appellant waived objections regarding investigators' exceeding the scope of Appellant's consent.

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