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


Wednesday, October 12, 2022

10:00 a.m.:

United States v.

Willie C. Jeter No. 22-0065/NA
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: LT Aiden J. Stark, JAGC, USN
                                                --------------------- (redacted brief)
                                                -------------------------- (reply brief)
Counsel for Appellee:  Capt Tyler W. Blair, USMC (brief)

Case Summary: GCM conviction for violating Navy sexual harassment instructions, operating a vehicle while drunk, sexual assault, extortion, burglary, conduct unbecoming an officer, and communicating a threat. Granted issue is did the convening authority violate Appellant's equal protection rights when, over defense objection, he convened an all-white panel using a racially nonneutral member selection process and provided no explanation for the monochromatic result beyond a naked affirmation of good faith in spite of a defense objection?

NOTE: This case will be heard as a Project Outreach case at the San Diego Naval Base, San Diego, California. Counsel for each side will be allotted 20 minutes to present oral argument.


Thursday, October 13, 2022

12:00 noon:

United States v.

Chase M. Thompson No. 22-0098/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Capt Alexandra K. Fleszar, USAF (brief)
                                       ----------------------------------- (reply brief)
Counsel for Appellee:  Maj Allison R. Gish, USAF (brief)

Case Summary: GCM conviction for sexual assault of a child, producing child pornography, and making a false official statement. Granted issue is did the Court of Criminal Appeals err by requiring that Appellant introduce direct evidence of his subjective belief to meet his burden for a reasonable mistake of fact defense?

NOTE: This case will be heard as a Project Outreach case at the University of San Diego School of Law, San Diego, California. Counsel for each side will be allotted 20 minutes to present oral argument.



Tuesday, October 25, 2022

9:30 a.m.:

United States v.

Katelyn L. Day No. 22-0122/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Maj Matthew L. Blyth, USAF (brief)
                                            ------------------------ (reply brief)

Counsel for Appellee:  Maj Morgan R. Christie (brief)

Case Summary: GCM conviction of attempted wrongful possession of fentanyl, attempted premeditated murder, attempted conspiracy to commit premeditated murder, and solicitation to commit murder. Granted issue is whether attempted conspiracy, "A creature unknown to federal law," is a viable offense under the UCMJ.

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


Followed by:

United States v.

Anthony A. Anderson No. 22-0193/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: William E. Cassara, Esq. (brief) (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)

Brief of Amicus Curiae -- National Association of Criminal Defense Lawyers

Brief of Amicus Curiae -- Protect Our Defenders

Case Summary: GCM conviction of attempted sexual abuse of a child. Granted issue is whether Appellant was deprived of his right to a unanimous verdict as guaranteed by the Sixth Amendment, the Fifth Amendment's due process clause, and the Fifth Amendment's right to equal protection.

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



Wednesday, October 26, 2022

9:30 a.m.:

United States v.

Norbert A. King II No. 22-0008/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Tami L. Mitchell, Esq. (brief)
                                            ------------------------ (reply brief)

Counsel for Appellee:  Maj Brittany M. Speirs, USAF (brief)

Case Summary: GCM conviction of sexual assault. Granted issue asks whether Appellant's court-martial was improperly constituted because the convening authority excused a member after the court-martial was assembled without establishing good cause on the record for excusing him?

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


Followed by:

United States v.

Sean W. Harrington No. 22-0100/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Maj Matthew L. Blyth, USAF (brief)
                                            ------------------------ (reply brief)
Counsel for Appellee:  Maj Morgan R. Christie, USAF (brief)

Case Summary: GCM conviction of involuntary manslaughter, communicating a threat, and use of cocaine and marijuana. Granted issues question: (1) whether the evidence is legally sufficient to support Appellant's conviction for communicating a threat; (2) did the military judge abuse his discretion by refusing to instruct the members of the maximum confinement for each offense, which ultimately resulted in an excessive 14-year sentence; and (3) whether the military judge abused his discretion in allowing the victim's parents to take the witness stand and deliver unsworn statements in question-and-answer format with trial counsel.

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