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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, December 6, 2022

9:30 a.m.:

United States v.	Andrew P. Witt	No. 22-0090/AF
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Maj Jenna Marie Arroyo, USAF (brief)
                                                  ----------------------- (reply brief)
Counsel for Appellee:  Maj Morgan Christie, USAF (brief)

Case Summary: GCM conviction for premeditated murder and attempted premeditated murder. Granted issue is did the trial counsel's sentencing argument constitute prosecutorial misconduct that warrants relief? During sentencing proceedings the trial counsel urged the panel members to consider how the sentence they imposed would reflect on them personally and professionally, and suggested that the members would be responsible for any harm appellant committed in the future.

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

Followed by:

United States v.	Liam C. Lattin	No. 22-0211/AF
(Appellee)	(Appellant)	(audio -- mp3)

Counsel for Appellant: Ms. Elizabeth Anne Harvey, Esq. (brief)
                                                  ------------------------- (reply brief)
Counsel for Appellee:  Maj Jay Stephen Peer, USAF (brief)

Case Summary: GCM conviction for sexual assault and abusive sexual contact. Granted issues are whether the lower court erred when it did not apply the exclusionary rule and whether the lower court erred when it failed to address a search authorization's stated expiration date.

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

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Wednesday, December 7, 2022

9:30 a.m.:

United States v.	Erick Vargas	No. 22-0259/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Sean Patrick Flynn, JA, USA
                                                ------------------------- (supplement)
                                                ---------------------------------- (reply)
Counsel for Appellee:  CPT Timothy Reese Emmons, JA, USA
                                                ------------------------------- (answer)

Case Summary: GCM charges of sexual assault and abusive sexual contact. The military judge dismissed the charges with prejudice on the basis of the government's failure to disclose relevant evidence to the defense and the CCA reversed. Granted issue is whether the Army court erred in its abuse-of-discretion analysis by requiring the military judge to craft the least-drastic remedy to cure the discovery violation.

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

Followed by:

United States v.	Adam M. Pyron	No. 22-0277/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LT Megan Elizabeth Horst, JAGC, USN
                                            -------------------------------- (supplement)
                                            ------------------------------------------ (reply)
Counsel for Appellee:  LT Richard Blake Royall, JAGC, USN (answer)

Case Summary: GCM conviction for rape of a child, attempted rape of a child, and sexual abuse of a child. Granted issues are: (1) whether the lower court exceeded the scope of review under Article 62, UCMJ, and departed from this court's precedent set in United states v. Vangelisti by attaching materials to the record that were not proffered at trial and using them to appellant's detriment; and (2) whether the military judge correctly concluded appellant's testimony from his first court-martial was inadmissible where the government failed to prove appellant testified for reasons unrelated to his biased members panel.

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