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


Tuesday, October 27, 2020

9:30 a.m.:

United States v.

Ladarion D. Stanton No. 19-0449/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Amanda E. Dermady, USAF (brief)
                                                  -------------------------- (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)

Case Summary: GCM conviction of larceny. Granted issue is whether the convening authority and Appellant entered into an agreement that Appellant would be administratively discharged in lieu of the sentence rehearing authorized by the lower court. The convening authority then proceeded with Appellant's court-martial by approving a sentence of "no punishment" and forwarding this case to the lower court for further appellate review. Should this case be dismissed with prejudice for breach of a material term of Appellant's pretrial agreement with the convening authority?

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


10:45 a.m.:

United States v.

Jared D. Bavender No. 20-0019/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Major Benjamin H. Deyoung, USAF (brief)
                                                   ---------------------------- (reply brief)
Counsel for Appellee:  Major Dayle P. Percle, USAF (brief)    

Case Summary: GCM conviction of receiving child pornography, viewing child pornography and violating a general regulation. Granted issue questions whether the military judge erred when he denied the defense motion to suppress evidence located on Appellant's digital media.

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


1:00 p.m.:

United States v.

Matthew D. Norwood No. 20-0006/NA
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: LCDR Chris Riedel, JAGC, USN (brief)
                                                 ------------------------- (reply brief)
Counsel for Appellee:  MAJ Kerry E. Friedewald, USMC (brief)    

Case Summary: GCM conviction of sexual abuse of a child. Granted issues question (1) whether the military judge erred in admitting, over defense objection, the entire video-recorded interview of the complaining witness under MRE 801(d)(1)(B)(ii) as a prior consistent statement; and (2) whether the government trial counsel's arguments amounted to prosecutorial misconduct that warrants relief.

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


Wednesday, October 28, 2020

9:30 a.m.:

United States v.

Jesus D. Cardenas No. 20-0090/AR
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: CPT Thomas J. Travers, JA, USA (brief)
                                                --------------------------- (reply brief)
Counsel for Appellee:  MAJ Craig Schapira, JA, USA (brief)

Case Summary: GCM conviction of sexual assault, abusive sexual contact, maltreatment and obstruction of justice. Granted issue questions whether the Army Court, after finding Appellant's convictions were multiplicious, erred in permitting the government to choose which of the Appellant's convictions to dismiss on appeal.

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


10:45 a.m.:

United States v.

Dashaun Henry No. 20-0342/AR
(Appellant) (Appellee) (audio -- mp3 wma)

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.



Hearings have been scheduled on the following dates.

All scheduled hearings will include case summaries. These hearings will be held in the courtroom located on the second floor of the Courthouse, 450 E Street, Northwest, Washington, D.C. 20442-0001, unless otherwise noted.

Audio recordings of hearings normally will be available on this page the day following the hearing.

* Starting with 1/23/2019 hearings, audio files are in two formats -- wma (Windows Media Player (Microsoft)) and mp3.

 

 
United States Court of Appeals for the Armed Forces • 450 E Street, NW Washington, DC 20442-0001
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax