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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, November 8, 2022

9:30 a.m.:

United States v.	Travis D. Pullings	No. 22-0123/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Maj David L. Bosner, USAF (brief) (reply brief)
Counsel for Appellee:  Maj Brittany M. Speirs, USAF (brief)

Case Summary: GCM conviction of sexual assault of a child and sexual abuse of a child. Granted issues question (1) in addition to prison officials, can the decisions of military personnel satisfy the "deliberate indifference" aspect of the cruel and unusual punishment test when they repeatedly send military inmates to a local civilian confinement center with a history of inhumane living conditions for inmates?; and (2) additionally or alternatively, did appellant suffer cruel and unusual punishment for 247 days and nights at Lowndes county jail?

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

Followed by:

United States v.	William C. McAlhaney	No. 22-0170/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Maj Eshawn R. Rawlley, USAF (brief)
                                               ------------------------- (reply brief)
Counsel for Appellee:  Maj Jay S. Peer, USAF (brief)

Case Summary: GCM conviction of wrongful receipt of child pornography, and wrongful possession and viewing of child pornography. Granted issue questions whether the lower court erred by applying plain error review in considering a question of sentence appropriateness, to wit: whether the wording of the reprimand rendered appellant's sentence inappropriately severe.

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

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Wednesday, November 9, 2022

9:30 a.m.:

United States v.	Nicholas R. St. Jean	No. 22-0129/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Scott R. Hockenberry, Esq. (brief) (reply brief)
Counsel for Appellee:  Capt Andrew M. Hopkins, JA, USA (brief)

Case Summary: GCM conviction of sexual assault, and making a false official statement. Granted issue questions whether the military judge erred by excluding evidence under Mil. R. Evid. 412 and by preventing the defense from presenting evidence of participation and consent during the res gestae of the charged sexual offense.

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