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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, October 5, 2021

9:30 a.m.:

United States v.	Julian D. Schmidt	No. 21-0004/MC
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Tami Mitchell, Esq. (brief)
                                             ----------- (reply brief)
Counsel for Appellee:  LT John L. Flynn, JAGC, USN (brief)

Case Summary: GCM conviction of sexual abuse of a child. Granted issues question: (1) whether the phrase "in the presence of" used to define the term "lewd act" in Article 120b(h)(5)(d) requires the child to be aware of the lewd act or merely that the accused be aware of the child's presence; (2) whether Appellant affirmatively waived any objection to the military judge's instructions and the failure to instruct on the affirmative defense of mistake of fact; and (3) whether having assumed deficient performance by counsel, the lower court erred in finding no prejudice.

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

10:45 a.m.:

United States v.	Virginia S. Moratalla	No. 21-0052/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Capt Jasper W. Casey, USMC (brief)
                                              -------------------------- (reply brief)
Counsel for Appellee:  LCDR Jeffrey S. Marden, JAGC, USN (brief)    

Case Summary: GCM conviction of attempted larceny, larceny, drawing and uttering a check without sufficient funds, bank fraud, and dishonorably failing to pay debt. Granted issue is whether the Appellant's guilty plea to bank fraud under 18 U.S.C. Section 1344 was improvident.

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

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Wednesday, October 6, 2021

9:30 a.m.:

United States v.	Bradley M. Metz	No. 21-0059/MC
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LT Michael W. Wester, JAGC, USN (brief)
                                                ------------------------------ (reply brief)
Counsel for Appellee:  LT Gregory A. Rustico, JAGC, USN (brief)

Case Summary: GCM conviction of arson, housebreaking, and unlawful entry. Granted issue is did the lower court err by failing to apply Brown v. Illinois, 422 U.S. 590 (1975), despite finding Appellant was illegally apprehended.

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

10:45 a.m.:

United States v.	Jerard Simmons	No. 21-0069/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Capt David L. Bosner, USAF (brief)
                                            ------------------------- (reply brief)
Counsel for Appellee:  Maj John P. Patera, USAF (brief)    

Case Summary: GCM conviction of sexual assault of a child, extortion, and producing child pornography. Granted issue questions whether the military judge erred in allowing the government to make a major change to a specification, over defense objection – almost tripling the charged time frame – after the complaining witness's testimony did not support the offense as originally charged and the prosecution had rested its case.

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

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Tuesday, October 19, 2021

9:30 a.m.:

United States v.	Ronald C. Givens	No. 21-0086/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Joseph A. Seaton, Jr., JA, USA (brief)
                                                  ------------------------------ (reply brief)
Counsel for Appellee:  CPT A. Benjamin Spencer, JA, USA (brief)

Case Summary: GCM conviction of assault and battery, making a false official statement, larceny, child endangerment, and communicating a threat. Granted issue questions whether the military judge erred in denying the defective preferral/unlawful command influence motion on procedural grounds.

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

10:45 a.m.:

United States v.	Michael P. Whiteeyes	No. 21-0120/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Nandor F.R. Kiss, JA, USA (brief)
                                               --------------------------- (reply brief)
Counsel for Appellee:  CPT Andrew M. Hopkins, JA, USA (brief)    

Case Summary: GCM conviction of sexual abuse of a child. Granted issue questions whether the military judge committed prejudicial error by admitting Appellant's statements to law enforcement in violation of Military Rule of Evidence 304(c).

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

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Wednesday, October 20, 2021

9:30 a.m.:

United States v.	Jonathan Quezada	No. 21-0089/MC
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LT Daniel O. Moore, JAGC, USN (brief)
                                                --------------------------- (reply brief)
Counsel for Appellee:  LT Jennifer Joseph, JAGC, USN (brief)

Case Summary: GCM conviction of providing alcohol to a minor, making a false official statement, abusive sexual assault by bodily harm, and abusive sexual contact by bodily harm. In this case, the military judge instructed members that they could consider the fact that Appellant made the false official statement with which he was charged as evidence that he was guilty of another charged offense. Granted issue is did that instruction violate Appellant's right to a presumption of innocence under United States v. Hills, 75 M.J. 350 (2016).

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

10:45 a.m.:

United States v.	Paul E. Cooper	No. 21-0149/NA & 21-0150/NA
(Appellee/ Cross-Appellant)	(Appellant/ Cross-Appellee)	(audio -- mp3 wma)

Counsel for Appellant/Cross-Appellee: LT Michael W. Wester, JAGC, USN ------------------------- (cross-appellee brief) (brief) (reply brief)
Counsel for Appellee/Cross-Appellant: MAJ Kerry E. Friedewald, USMC ---- (cross-appellant brief) (cross-appellant reply brief) (brief)

Case Summary: GCM conviction of sexual assault and abusive sexual contact. Certified Issue: Did the lower court err applying United States v. Chin, 75 M.J. 220 (C.A.A.F. 2016), (A) as a prerequisite to considering ineffective assistance of counsel, and (B) to disregard the knowing, voluntary, and R.C.M. 905 waivers, of individual military counsel? Assigned issues: I. Did the military judge abuse his discretion when he allowed the members to recall the complaining witness after deliberations but refused the defense request to present a renewed closing summation on her new testimony? Did the lower court err by refusing to consider this issue? II. Were appellate counsel ineffective where: (1) counsel failed to assign as error the military judge's denial of a renewed closing argument despite defense counsel's objection at trial; (2) this court decided United States v. Bess, 75 M.J. 70 (C.A.A.F. 2016), one month before counsel filed a supplemental brief raising assignments of error before the lower court; and (3) the lower court refused to consider the issue when it was raised during a later remand to that court?

NOTE: Counsel for each side will be allotted 30 minutes to present oral argument.