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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, May 1, 2007 (audio--all cases)

9:00 a.m.

United States v.	James H. Foerster	No. 07-0093/AR
(Appellee)	(Appellant)

Counsel for Appellant: Capt Eugene Ham, JA, USA
Counsel for Appellee: Capt Magdalena A. Acevedo, JA, USA

Case Summary: GCM conviction of larceny, forgery and false official statement. Granted issue questions whether the military judge erred by admitting into evidence, under Mil. R. Evid. 803 (6) and 807, and over defense objection, the affidavit of Sergeant J. P. who did not appear at trial in contravention of the Mil. R. Evid. and Crawford v. Washington, 541 U.S. 36 (2004).

Followed by:

United States v.	Deric B. Hollings	No. 07-0084/MC
(Appellee)	(Appellant)

Counsel for Appellant: LT Brian L. Mizer, JAGC, USN
Counsel for Appellee: Capt Roger E. Mattioli, USMC

Case Summary: SPCM conviction of disrespect toward, and disobedience of an NCO and violating a general order. Granted issue questions whether the military judge failed to adhere to the liberal grant mandate when he denied a defense challenge for cause against Chief Warrant Officer W, who served as acting legal officer to the convening authority in Appellant’s case.

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

Followed by:

United States v.	Gerald R. Pflueger III	No. 05-0139/MC
(Appellee)	(Appellant)

Counsel for Appellant: LT Richard H. McWilliams, JAGC, USNR
Counsel for Appellee: Capt Roger E. Mattioli, USMC

Case Summary: SPCM conviction of making a false official statement, larceny and obstruction of justice. Granted issues question: (I) whether Appellant is entitled to financial compensation or other relief under Article 58b (c) or otherwise as a result of the remission of the adjudged bad-conduct discharge by the convening authority, and if so, the duration and amount of such compensation or other relief; and (II) whether Appellant is entitled to financial compensation or other relief under Article 58b (c) or otherwise as a result of the decision of the Navy-Marine Corps Court of Criminal Appeals to approve a sentence that did not include a bad-conduct discharge, and if so: (1) the duration and amount of such compensation or other relief; and (2) whether such compensation or other relief was in addition to any compensation or other relief to which Appellant was entitled under the first granted issue.

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