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


Tuesday, February 9, 2021

9:30 a.m.:

United States v.

Rodney M. Tyler No. 20-0252/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Matthew L. Blyth, USAF (brief)
                                                 --------------------- (reply brief)
Counsel for Appellee:  MAJ Dayle P. Percle, USAF (brief)

Case Summary: GCM conviction of aggravated sexual abuse of a child, indecent liberties with a child, indecent acts with a child and sexual abuse of a child. Granted issue questions whether the military judge erred when he permitted trial counsel to argue facts not in evidence; namely, the unsworn victim impact statements which were not admitted as evidence under Rule for Courts-Martial 100(b)(4).

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


10:45 a.m.:

United States v.

Jacob M. Ozbirn No. 20-0286/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Alexander A. Navarro, USAF (brief)
                                                  --------------------------- (reply brief)
Counsel for Appellee:  Capt Alex B. Coberly, USAF (brief)    

Case Summary: GCM conviction of attempted sexual abuse and assault of a child and attempted receipt of child pornography. Granted issue questions whether the evidence that Appellant asked for "naked pictures" from adults pretending to be minors is legally sufficient to sustain a conviction for attempted receipt of child pornography.

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



Wednesday, February 10, 2021

9:30 a.m.:

United States v.

Eric R. Proctor No. 20-0340/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Ryan S. Crnkovich, USAF (brief)
                                                ------------------------- (reply brief)
Counsel for Appellee:  Maj Jessica L. Delaney, USAF (brief)

Case Summary: SPCM conviction of disobeying a lawful command, assault and battery, and communicating a threat. Granted issue is whether at an all-call prior to Appellant's court-martial, Appellant's squadron commander sought to address his "NCO problem" by highlighting the negative career impacts someone could suffer if they provided a character letter for an accused airman. Did the Air Force Court err when it found beyond a reasonable doubt, that this unlawful command influence did not place an intolerable strain on the public's perception of the military justice system?

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


10:45 a.m.:

United States v.

Matthew C. Harrington No. 21-0025/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Alexander A. Navarro, USAF
                                                  ------------------- (supplement)
Counsel for Appellee:  Maj Dayle P. Percle, USAF (answer)    

Case Summary: Appellant is pending rehearing at a GCM, from which the United States successfully undertook appeal under Art. 62, UCMJ. The granted issue is as follows: Appellant's conviction was set aside due to the original trial judge's failure to allow the defense to introduce exculpatory evidence about the complaining witness's behavior right before the alleged sexual assault. The exculpatory evidence is no longer available after a government delay in bringing the case to a rehearing. Did the Air Force Court err by overruling the military judge's decision to dismiss the charge for a speedy trial violation?

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