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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, September 29, 2020

9:30 a.m.:

United States v.	Jerry R. White	No. 20-0231/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Capt Mary C. Finnen, USMC (supplement)
Counsel for Appellee:  LT Joshua C. Fiveson, JAGC, USN
                                           ------------------------------- (NMCCA brief)

Case Summary: Appellant is charged at a general court-martial with possession of child pornography. The Military Judge issued a ruling suppressing evidence and the Government appealed the ruling to the NMCCA under Art. 62, UCMJ. The NMCCA granted the Government's appeal and vacated the ruling by the Military Judge. Appellant petitioned this Court for grant of review.

The granted issue questions: did the lower court err in determining the good faith exception applied when the Military Judge found so little indicia of probable cause existed that no reasonably well-trained officer would rely on the search authorization?

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

10:45 a.m.:

United States v.	Michael J. Brown	No. 20-0288/MC
(Appellant)	(Appellee)	(audio -- mp3 wma)

Counsel for Appellant: LtCol Nicholas L. Gannon, USMC (brief)
                                        ----------------------------------- (reply brief)
Counsel for Appellee:  LT Michael W. Wester, JAGC, USN (brief)    

Case Summary: Special court-martial conviction of abusive sexual contact, and disorderly conduct. Prior to the Convening Authority taking action, counsel for Brown petitioned the NMCCA for extraordinary relief. The NMCCA concluded it had jurisdiction to decide the petition and addressed it on its merits. The Judge Advocate General of the Navy has certified the following question for review:

Did the lower court err finding that it had potential jurisdiction?

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

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Wednesday, September 30, 2020

9:30 a.m.:

United States v.	Kaleb S. Garcia	No. 20-0262/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Capt David L. Bosner, USAF (supplement)
Counsel for Appellee:  Capt Kelsey Shust, USAF (answer)

Case Summary: Appellant is charged at a general court-martial with sexual assault. The Military Judge issued a ruling suppressing evidence and the Government appealed the ruling to the AFCCA under Art. 62, UCMJ. The AFCCA granted the Government's appeal and reversed the ruling by the Military Judge. Appellant petitioned this Court for grant of review.

Granted issue questions whether the Air Force Court of Criminal Appeals erred in finding that the Military Judge abused her discretion in suppressing evidence obtained as a result of a search and seizure of Appellant's DNA.

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

10:45 a.m.: (Postponed -- See 10/28/2020 scheduled hearings)

United States v.	Dashaun Henry	No. 20-0342/AR
(Appellant)	(Appellee)

Counsel for Appellant: MAJ Jonathan S. Reiner, JA, USA (brief)
                                           --------------------------------- (reply brief)
Counsel for Appellee:  CPT Catherine E. Godfrey, JA, USA (brief)    

Brief of Amicus Curiae -- Legal Momentum and Sanctuary for Families

Case Summary: Appellee is charged at a general court-martial with willfully disobeying a superior commissioned officer, false official statement, assault consummated by battery, and child endangerment. The Military Judge issued a ruling denying the admission of evidence and the Government appealed the ruling to the ACCA under Art. 62, UCMJ. The ACCA denied the Government's appeal and the Judge Advocate General of the Army has certified the following question for review:

Did the Military Judge abuse his discretion in excluding the four statements on which the prosecution sought interlocutory appellate review, pursuant to Article 62, UCMJ?

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