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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, April 24, 2007 (audio--all cases)

9:00 a.m.

United States v.	Sean A. Wilson	No. 06-0503/NA
(Appellee)	(Appellant)

Counsel for Appellant: Maj Richard D. Belliss, USMC
Counsel for Appellee: LT TyQuili R. Booker, JAGC, USN

Case Summary: GCM conviction of rape, assault, unlawful entry and adultery. Granted issue questions whether the United States Navy-Marine Corps Court of Criminal Appeals erred in affirming a sentence that included a dishonorable discharge when the convening authority’s action did not approve one.

Followed by:

United States v.	Todd E. Jameson	No. 06-0881/MC
(Appellee)	(Appellant)

Counsel for Appellant: LT Brian L. Mizer, JAGC, USN
Counsel for Appellee: Maj Kevin C. Harris, USMC

Case Summary: SPCM conviction of violating a regulation and drunk driving. Original granted issue questions whether the military judge abused his discretion by not allowing defense counsel to raise a motion to suppress the results of Appellant’s blood test after pleas had been entered. Specified issue questions whether defense counsel was ineffective for failing to investigate the issue of consent prior to submission of Appellant’s pleas and for failing to file a timely motion to suppress the results of Appellant’s blood-alcohol test.

NOTE: Counsel for each side will be allotted 15 minutes to present oral argument in this case.

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Wednesday, April 25, 2007 (audio--all cases)

9:00 a.m.

United States v.	Brandon M. Resch	No. 06-0863/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Julie A. Caruso, JA, USA
Counsel for Appellee: Lt Col Francis C. Kiley, JA, USA

Case Summary: SPCM conviction of desertion, breaking restriction and larceny. Original granted issues question: (I) whether military judge improperly considered Appellant’s statements during the guilty plea inquiry to the lesser-included offense of absence without leave in determining Appellant’s guilt to the greater offense of desertion; (II) whether the evidence was legally sufficient to support a finding of guilty that Appellant deserted his unit with the intent to remain away permanently. Specified issues question: (I) whether the accused’s plea by exceptions and substitutions to an unauthorized absence from 11 April 2002 to 22 January 2003 was provident where Appellant claimed he contacted his recruiter prior to 29 October 2002, and the military judge did not resolve whether this contact constituted a termination of the absence; and (II) whether the evidence was legally sufficient to support a finding of guilty to either desertion or unauthorized absence that terminated on 17 March 2003.

Followed by:

United States v.	Kevin D. Brown	No. 06-0857/AF
(Appellee)	(Appellant)

Counsel for Appellant: Capt Christopher L. Ferretti, USAF
Counsel for Appellee: Col Gerald R. Bruce, USAF

Case Summary: GCM conviction of damage to property, assault and communicating a threat. Granted issue questions whether Appellant’s contingent declaration constitutes communicating a threat.

NOTE: Counsel for each side will be allotted 15 minutes to present oral argument in this case.

Followed by:

United States v.	Alaa E. Albaaj	No. 07-0002/AR
(Appellee)	(Appellant)

Counsel for Appellant: Maj Scott T. Ayers, JA, USA
Counsel for Appellee: Capt Trevor Nelson, JA, USA

Case Summary: GCM conviction of forcible sodomy, indecent assault, maltreatment of subordinates, assault, making a false official statement, disobeying an officer, and disobeying an NCO. Granted issue questions whether Appellant’s constitutional and regulatory right to a fair and impartial panel was violated where a panel member did not disclose during voir dire possible animosity toward a defense witness.

NOTE: Counsel for each side will be allowed 15 minutes to present oral arguments in this case.

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Monday, April 30, 2007 (audio--all cases)

9:00 a.m.

United States v.	Carl L. Key	No. 04-0216/AF
(Appellee)	(Appellant)

Counsel for Appellant: Capt Griffin S. Dunham, USAF
Counsel for Appellee: Capt Jefferson McBride, USAF

Case Summary: GCM conviction of using ecstasy. Granted issue questions whether the military judge erred by not permitting the defense, at a factfinding hearing, to call Appellant’s prior trial defense counsel to testify as to his pretrial interview of the Government’s confidential informant.

Followed by:

United States v.	Alexander N. Wilson	No. 06-0870/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Ryan M. Suerth, JA, USA
Counsel for Appellee: Maj Tami L. Dillahunt, JA, USA

Case Summary: SPCM conviction of sodomy with a child, carnal knowledge, failure to go, and disobeying an order. Granted issue questions whether the Army Court of Criminal Appeals erred by affirming the findings and sentence where the military judge, in accepting Appellant’s guilty plea to sodomy with a child under 16, instructed Appellant that his honest and reasonable mistake of fact did not constitute a defense.