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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, February 27, 2018

9:30 a.m.:

United States v.	Thomas E. Barker	No. 17-0551/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Mark J. Schwartz, USAF (brief)
                                           --------------------------- (reply brief)
Counsel for Appellee: Maj J. Ronald Steelman, USAF (brief)

Case Summary: GCM conviction of possession of child pornography and viewing child pornography. Granted issues question (1) whether the Court of Criminal Appeals erred when it held proper foundation had been laid to admit evidence in aggravation; and (2) whether the Court of Criminal Appeals improperly conducted a review of the prejudice resulting from the military judge's erroneous admission of evidence in aggravation.

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

Followed by:

United States v.	Ryan A. Hardy	No. 17-0553/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Catherine M. Cherkasky, Esq. (brief)
                                            -------------------------- (reply brief)
Counsel for Appellee:  Maj Matthew L. Tusing, USAF (brief)    

Case Summary: GCM conviction of abusive sexual contact with a child, aggravated sexual abuse of a child, indecent liberties with a child, abusive sexual contact, sexual abuse of a child, sodomy of a child, conduct unbecoming, indecent language and indecent acts with a child. Granted issue questions whether the Air Force Court of Criminal Appeals erred by holding that Appellant waived, rather than forfeited, his claim of unreasonable multiplication of charges.

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

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Wednesday, February 28, 2018

9:30 a.m.:

United States v.	Raiden J. Andrews	No. 17-0480/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Jacob E. Meusch, JAGC, USN (brief)
                                               ----------------------------- (reply brief)
Counsel for Appellee:  Capt Sean M. Monks, USMC (brief)

Case Summary: GCM conviction of AWOL, fleeing apprehension, making a false official statement, using marijuana, sexual assault and larceny. Granted issue addresses the following: The lower court found severe prosecutorial misconduct. Then it affirmed the findings and sentence, giving its imprimatur to the prosecutorial misconduct in Appellant's case. Did the lower court err?

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