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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001
Monday, October 1, 2007
9:00 a.m.
Jacob Denedo v.
United States No. 07-8012/NA (Appellee) (Appellant) (audio--cases 1 & 2)) Counsel for Appellant: Matthew S. Freedus, Esq.
Counsel for Appellee: LCDR Paul D. Bunge, JAGC, USNCase Summary: 1998 SPCM conviction for conspiracy to commit larceny, and larceny. Court of Criminal Appeals denied Appellant’s petition for extraordinary relief in the nature of writ of error coram nobis. Appellant’s writ-appeal raises the issue of whether his guilty plea was involuntary due to constitutionally ineffective assistance of counsel and affirmative misrepresentations regarding the deportation consequences of his plea. Oral argument will focus on whether the Court has jurisdiction over this writ-appeal petition, and if so, whether the Court is in a position to address the merits of the appeal without further fact-finding.
Followed by:
United States v.
Robert J. Medina No. 07-0096/AR (Appellee) (Appellant) (audio--cases 1 & 2)) Counsel for Appellant: Maj Teresa L. Raymond, JA, USA
Counsel for Appellee: Capt Adam S. Kazin, JA, USACase Summary: GCM conviction for possession and transportation of child pornography, coercing a minor to produce child pornography, indecent acts with a minor, and disobedience. Army Criminal Court of Appeals amended the findings of child pornography specifications from Clause 3 violations of Article 134, UCMJ, to Clause 2 violations under United States v. Martinelli. The specified issue is whether the action of the Army Criminal Court of Appeals amending the findings adds an element to the offenses in violation of Apprendi v. New Jersey, Jones v. United States, and Schmuck v. United States.
9:00 a.m.
United States v.
Rickie E. Parrish No. 07-0079/AR (Appellee) (Appellant) (audio--cases 1 & 2) Counsel for Appellant: Capt Richard P. Pizur, JA, USA
Counsel for Appellee: Capt Mark E. Goodson, JA, USACase Summary: GCM conviction for sodomy and indecent acts with a child. Granted issue is whether the Army CCA properly exercised its fact-finding power under Article 66, UCMJ, in resolving the question of whether the Government violated a material term of Appellant’s pretrial agreement despite conflicting affidavits.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
Followed by:
United States v.
Anthony Brown No. 07-0286/AR (Appellee) (Appellant) (audio--cases 1 & 2) Counsel for Appellant: Frank J. Spinner, Esq.
Counsel for Appellee: Capt Clare L. O'Shaughnessy, JA, USACase Summary: GCM conviction of indecent assault, violation of orders and adultery. Granted issue is whether the military judge erred by instructing the members that they could convict Appellant of indecent assault, a lesser included offense of rape, without voting on each of the three separate factual scenarios, which constituted duplicitous pleading.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
9:00 a.m.
United States v.
John H. Custis No. 07-0188/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Timothy M. Cox, USAF
Counsel for Appellee: Maj Donna S. Rueppell, USAFCase Summary: SPCM conviction for conspiracy, drunk driving, solicitation to obstruct justice and obstructing justice. Granted issue is whether the military judge committed prejudicial error by denying the defense motion to suppress and holding that Appellant’s statements to his wife did not fall within the marital communications privilege.
Followed by:
United States v.
Esteban Falcon No. 07-0105/NA (Appellee) (Appellant) (audio) Counsel for Appellant: Maj Richard D. Bellis, USMC
Counsel for Appellee: LT David H. Lee, JAGC, USNCase Summary: SPCM conviction for making and uttering bad checks and stealing mail matter. Granted issue is as follows: where the Courts of Criminal Appeals are split on whether the Wallace-Allberry gambler’s defense applies to worthless check offenses, did the lower court err when it held that the defense applies only to offenses under Article 134, UCMJ, but not under Article 123a, UCMJ. The specified issue is whether the military judge erred in accepting Appellant’s guilty pleas to violating Article 123a, UCMJ without resolving whether Appellant had a partial mental responsibility defense as a result of his diagnosis as a pathological gambler.
9:00 a.m.
United States v.
Dennis R. Toy No. 07-0316/NA (Appellee) (Appellant) (audio) Counsel for Appellant: LT Anthony Yim, JAGC, USN
Counsel for Appellee: Major Brian K. Keller, USMCCase Summary: GCM conviction for indecent acts and sodomy with a child. Granted issue is whether MRE 317 (a) incorporates state statutes when determining an unlawful interception of an oral or wire communication.
Followed by:
United States v.
Stanley O. Othuru No. 06-0768/NA (Appellee) (Appellant) (audio) Counsel for Appellant: LT W. S. Stoebner, JAGC, USN
Counsel for Appellee: LCDR Jordan A. Thomas, JAGC, USNCase Summary: GCM conviction for making a false official statement and larceny. Granted issue is whether the admission of two out-of-court statements from Appellant’s mother and wife, who accused Appellant of entering into a fraudulent marriage, is harmless beyond a reasonable doubt where Appellant was convicted of fraudulently collecting Basic Allowance for Housing by entering into a fraudulent marriage. Specified issue is whether Appellant was denied speedy review.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
Followed by:
United States v.
Aaron A. Martinez No. 07-0028/MC (Appellee) (Appellant) (audio) Counsel for Appellant: LT Kathleen L. Kadlec, JAGC, USN
Counsel for Appellee: LT Justin E. Dunlap, JAGC, USNCase Summary: SPCM conviction for conspiracy and using marijuana. The specified issue is: in view of the principle that a military judge is presumed to know and apply the law correctly, in a case in which the military judge sitting alone, evaluated the Appellant’s credibility based upon two specifications later dismissed on appeal, did that dismissal create improper spillover in the judge’s credibility determinations regarding the Appellant’s testimony as to the remaining offenses?
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Darnyell R. Rhoades No. 07-0173/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Sean F. Mangan, JA, USA
Counsel for Appellee: Capt Jaired D. Stallard, JA, USACase Summary: GCM conviction for violating a no-contact order. The specified issue is whether the action of the military judge in disqualifying civilian defense counsel for violating the Ethics in Government Act deprived Appellant of his right to counsel of his choice.
Followed by:
United States v.
Jeremy R. Wallace No. 07-0194/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Vicki A. Belleau, USAF
Counsel for Appellee: Major Matthew S. Ward, USAFCase Summary: GCM conviction of carnal knowledge, sodomy of a child, and possession of child pornography. Granted issue questions whether the military judge erred in failing to grant the defense motion to suppress the results of the search of Appellant’s personal computer in light of Appellant’s revocation of consent, his subsequent acquiescence to pressure by law enforcement, and the inapplicability of the inevitable discovery doctrine to the facts. See Georgia v. Randolph, 547 U.S. 103 (2006).
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
Followed by:
United States v.
Alexander N. Wilson No. 06-0870/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Frank B. Ulmer, JA, USA
Counsel for Appellee: Capt Adam S. Kazin, JA, USACase Summary: SPCM conviction of sodomy with a child, carnal knowledge, disobedience, and failure to go. This case was previously argued on April 30, 2007. Additional briefs were ordered on the issue of whether the defense of mistake of fact as to age is available with respect to a charge of sodomy with a child under the age of 16 under Article 125, UCMJ.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
1:30 p.m.
United States v.
Walter S. Stevenson No. 06-0934/NA (Appellee) (Appellant) (no audio) Counsel for Appellant: LCDR M.E. Eversole, JAGC, USN
Counsel for Appellee: LT Derek D. Butler, JAGC, USNCase Summary: GCM conviction of rape. Granted issues concern whether Naval Criminal Investigative Service and Veterans Affairs personnel violated Appellant’s 4th Amendment rights by seizing his blood without a warrant or probable cause, and if so, whether the Court of Criminal Appeals erred in failing to address or suppress blood/DNA evidence gained by a search warrant issued on tainted evidence and material misrepresentations.
NOTE: This case will be heard as part of the Court’s “Project Outreach” program at Indiana University School of Law-Indianapolis, Indiana.
12:00 p.m.
United States v.
Daniel Pack No. 07-0085/MC (Appellee) (Appellant) (audio) Counsel for Appellant: LT Kathleen L. Kadlec, JAGC, USN
Counsel for Appellee: Capt Roger E. Mattioli, USMCCase Summary: GCM conviction for indecent acts with a minor. Granted issue is whether Appellant was denied his right to confrontation in light of Crawford v. Washington when the military judge permitted the alleged victim to testify from a remote location via one-way closed circuit television.
NOTE: This case will be heard as part of the Court’s “Project Outreach” program at Indiana University School of Law-Bloomington, Indiana
| Hearings have been scheduled on the following dates. All scheduled hearings will include case summaries. These hearings will be held in the courtroom located on the second floor of the Courthouse, 450 E Street, Northwest, Washington, D.C. 20442-0001, unless otherwise noted. Audio recordings of hearings normally will be available on this page the day following the hearing.
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