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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 14, 2006 (audio--all cases)

9:00 a.m.

United States v.	Rafael A. Perez	No. 05-0565/AR
(Appellee)	(Appellant)

Counsel for Appellant: Frank J. Spinner, Esq.
Counsel for Appellee: Capt Magdalena A. Acevedo, JA, USA

Case Summary: GCM conviction of indecent acts, sodomy and rape of a child. Granted issue questions whether Appellant received ineffective assistance of counsel in that his defense counsel called the victim as a witness; acknowledged credibility; conceded that Appellant committed intercourse, indecent acts and sodomy; failed to call favorable sentencing witnesses; and failed to obtain favorable clemency matters for presentation to the convening authority.

10:00 a.m.

United States v.	Juan R. Gutierrez	No. 06-5005/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Patrick B. Grant, JA, USA
Counsel for Appellee: Capt Trevor B.A. Nelson, JA, USA

Case Summary: GCM conviction of assault consummated by battery. Certified issue questions whether the United States Army Court of Criminal Appeals erred in holding that the trial defense counsel did not affirmatively waive an affirmative defense instruction with respect to a lesser-included offense.

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Wednesday, November 15, 2006 (audio--all cases)

9:00 a.m.

United States v.	David F. Moran	No. 06-0207/AF
(Appellee)	(Appellant)

Counsel for Appellant: Capt Anthony D. Ortiz, USAF
Counsel for Appellee: Capt Jamie L. Mendelson, USAF

Case Summary: GCM conviction of drunk driving, ecstasy use, cocaine use, distribution of cocaine, LSD use and obstruction of justice. Granted issue questions whether Appellant’s substantial rights were materially prejudiced when prosecution witnesses and trial counsel commented on Appellant’s request for an attorney and Appellant’s refusal to give consent for a search and seizure of his hair and blood.

10:00 a.m.

United States v.	Stacey S. Brooks	No. 06-0060/AF
(Appellee)	(Appellant)

Counsel for Appellant: Capt Vicki A. Belleau, USAF
Counsel for Appellee: Maj Kimani R. Eason, USAF

Case Summary: GCM conviction of indecent liberties with a child. Granted issues question: (I) whether the military judge erred to the substantial prejudice of Appellant when he allowed the admission of repeated instances of human lie detector testimony and then failed to provide prompt, curative instructions to the members; (II) whether the military judge erred to the substantial prejudice of Appellant when he allowed Dr. (A) to give improper profile evidence that children rarely make false claims of sexual abuse; (III) whether the military judge erred to the substantial prejudice of Appellant when he did not instruct the court members to disregard argument that trial counsel was convinced beyond a reasonable doubt that the child victim was telling the truth; (IV) whether the charges and specifications must be dismissed because the Staff Judge Advocate excluded “all officers who would likely be challenged if selected as members” from the pool of potential court members, and the convening authority, in turn, excluded them from the court-martial selection process; (V) whether the series of errors cumulatively and materially prejudiced Appellant’s substantial right to a fair and impartial trial thereby necessitating reversal of his convictions; and (VI) whether the convening authority erroneously applied Article 58b (b), UCMJ.

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Tuesday, November 28, 2006 (audio)

9:00 a.m.

United States v.	Danyel D. Green	No. 06-0520/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Sean F. Mangan, JA, USA
Counsel for Appellee: Capt Adam S. Kazin, JA, USA

Case Summary: GCM conviction of maltreatment, false official statement, indecent assault, soliciting adultery, and adultery. Granted issue questions whether the military judge violated Appellant’s due process rights when he sentenced him based upon his personal religious beliefs rather than legitimate sentencing principles.

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Wednesday, November 29, 2006 (audio--all cases)

9:00 a.m.

United States v.	James A. Wise	No. 06-0610/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Sean F. Mangan, JA, USA
Counsel for Appellee: Capt Andrew C. Baum, JA, USA

Case Summary: SPCM conviction for false official statement, use of a controlled substance, and distribution of a controlled substance. Granted issue questions whether Appellant’s confinement conditions, including and in particular with respect to his claim of having been confined with enemy prisoners of war in Iraq, were unlawful, and whether, in the context presented, Appellant forfeited his claims of unlawful post-trial punishment by failing to exhaust his administrative remedies under United States v. White, 54 M.J. 469 (C.A.A.F. 2001).

10:00 a.m.

United States v.	Kim A. Carruthers	No. 06-0050/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Kathleena R. Scarpato, JA, USA
Counsel for Appellee: Capt W. Todd Kuchenthal, JA, USA

Case Summary: GCM conviction of conspiracy and larceny. Granted issues question: (I) whether Appellant was denied his Sixth Amendment right to confrontation when the military judge impermissibly restricted cross-examination of a key government witness regarding the details of a co-conspirator’s extremely favorable plea agreement; (II) whether the military judge abused his discretion by refusing to give a mandatory leniency instruction.