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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, January 24, 2023

9:30 a.m.:

United States v.	Fernando M. Brown	No. 22-0249/CG
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Scott Hockenberry, Esq. (brief) (reply brief)
Counsel for Appellee:  LCDR Daniel P. Halsig, Jr., USCG (brief)

Case Summary: SPCM conviction for disrespect toward a petty officer. Granted issue is whether Appellant's convictions under Article 91 are legally insufficient where there is an absence of evidence that the charged conduct occurred in the sight, hearing, or presence of the alleged victims while they were in the execution of their office.

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

Followed by:

United States v.	Andrew D. Steele	No. 22-0254/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Sarah H. Bailey, JA, USA (brief)
Counsel for Appellee:  MAJ Jennifer Ann Sundook, JA, USA (brief)

Case Summary: GCM conviction for indecent exposure, providing alcohol to underage soldiers, fraternization, and disorderly conduct. Granted is whether the Army Court improperly applied a federal habeas standard that is inconsistent with Article 66, UCMJ, in finding that Appellant forfeited review of his claim.

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

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Wednesday, January 25, 2023

9:30 a.m.:

United States v.	Caleb A.C. Smith	No. 22-0237/AF
(Appellee)	(Appellant)	audio -- mp3 wma)

Counsel for Appellant: Scott Hockenberry, Esq. (brief) (reply brief)
Counsel for Appellee:  Capt Jocelyn Quinn Wright, USAF (brief)

Case Summary: GCM charge of sexual assault. Granted issues are whether the military judge erred in admitting text messages and testimony as an excited utterance related to the alleged victim's belief that she was raped where she had no memory of the events in question and whether the evidence was legally insufficient because the alleged victim was capable of consenting and where, even if she was not capable of consenting, appellant reasonably believed that she did consent.

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