YOU ARE HERE: HOME > HEARING CALENDAR > 2008 TERM (TRANSITION) > DECEMBER 2007
United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001
Tuesday, December 4, 2007
9:00 a.m.
United States v.
Joshua P. Navrestad No. 07-0199/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Nathan J. Bankson, JA, USA
Counsel for Appellee: Capt Jaired D. Stallard, JA, USACase Summary: GCM conviction of attempt to transfer obscene material to a minor, attempt to entice a minor, distribution of child pornography, and possession of child pornography. Granted issues question: (1) whether sending, via a chat session, a hyperlink to a Yahoo! Briefcase containing images of child pornography constitutes knowingly and wrongfully distributing child pornography in interstate commerce through the internet, in violation of 18 U. S. C. § 2252A(a) (1) or clause 1 or 2 of Article 134, UCMJ; and (2) whether utilizing a public computer to view images of child pornography contained in Yahoo! Briefcase, and accessed via a hyperlink, sufficiently supports a conviction for knowingly and wrongfully possessing electronic images of child pornography in violation of clause 1 or 2 of Article 134, UCMJ.
Followed by:
United States v.
Michael D. Glenn No. 07-0407/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Patrick B. Grant, JA, USA
Counsel for Appellee: Capt Adam S. Kazin, JA, USACase Summary: GCM conviction of AWOL, distribution of ecstasy, and use of ecstasy. Granted issue questions whether Appellant’s pleas to all charges and specifications are not provident because the military judge did not explain the defense of lack of mental responsibility to Appellant, did not satisfy herself that counsel had evaluated the viability of the defense, and did not elicit facts from Appellant that negated the defense.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Laprie D. Townsend No. 07-0229/NA (Appellee) (Appellant) (audio) Counsel for Appellant: LT Anthony Yim, JAGC, USNR
Counsel for Appellee: Maj Brian K. Keller, USMCCase Summary: GCM conviction of attempted murder, and reckless endangerment. Granted issue questions whether the military judge erred when he denied Appellant’s challenge for cause against Lieutenant [B].
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
Followed by:
United States v.
Jesse C. Hunter No. 07-0386/CG (Appellee) (Appellant) (audio) Counsel for Appellant: LT Robert M. Pirone, USCG
Counsel for Appellee: LCDR Patrick M. Flynn, USCGCase Summary: SPCM conviction of failure to go, dereliction, larceny and dishonorable failure to pay just debts. Granted issues question: (1) whether R. C. M. 705 (c) (2) (D) permits pretrial misconduct to form the basis for a withdraw from the sentencing limitation of the pretrial agreement when pretrial misconduct, by its very nature, cannot fall within any period of suspension as required by R.C.M. 1109 since there is no sentence prior to trial; and (2) whether Appellant’s pleas were improvident because the military judge failed to ensure that Appellant understood the meaning and effect of the misconduct provisions in the pretrial agreement, and the convening authority subsequently withdrew from the sentencing limitation portion of the pretrial agreement based on pretrial misconduct.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Demond Webb No. 07-5003/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Major Donna S. Rueppell, USAF
Counsel for Appellee: Capt Timothy M. Cox, USAFCase Summary: GCM conviction of wrongful use of cocaine. Issues certified by the Judge Advocate General of the Air Force are: (1) whether the military judge abused her discretion in granting the defense motion for new trial; and (2) whether prior to authentication the military judge has the authority in a post-trial Article 39(a) session to set aside a conviction and order a new trial as a remedy for a discovery violation discovered post-trial.
Followed by:
United States v.
Manuela Del Carmen Scott No. 07-0597/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Anthony D. Ortiz, USAF
Counsel for Appellee: Major Matthew S. Ward, USAFCase Summary: GCM conviction of conspiracy to possess cocaine with intent to distribute, possession of cocaine with intent to distribute, and disclosure and offer to sell privacy protected information. Granted issue questions whether the addendum to the Staff Judge Advocate’s recommendation contains “new matter” not provided to defense counsel for comment, necessitating a new convening authority action in this case.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Jose C. Miergrimado No. 07-0436/MC (Appellee) (Appellant) (audio) Counsel for Appellant: J. W. Carver, Esq.
Counsel for Appellee: Capt Roger E. Mattioli, USMCCase Summary: GCM conviction of attempted premeditated murder. Granted issue questions whether the Navy-Marine Corps Court of Criminal Appeals erred in affirming the military judge’s decision at trial to instruct the members on the claimed lesser included offense of attempted manslaughter over the accused’s objection.
Followed by:
United States v.
Michael E. Mitchell No. 07-0225/MC (Appellee) (Appellant) (audio) Counsel for Appellant: Maj Richard D. Belliss, USMC
Counsel for Appellee: Capt Tai D. Le, USMCCase Summary: GCM conviction of indecent assault, distribution of ecstasy, and distribution of marijuana. Granted issue raised by defense counsel questions whether Appellant’s guilty plea to indecent assault as a principal was improvident where the providence inquiry does not establish that Appellant possessed the specific intent to gratify his lust or sexual desires. The issue specified by the Court questions whether Appellant’s guilty plea to distributing marijuana was provident when Appellant told the military judge that the substance he distributed was not marijuana.
9:00 a.m.
United States v.
Joseph M. Reynoso No. 07-0221/MC (Appellee) (Appellant) (audio) Counsel for Appellant: LT Brian D. Korn, JAGC, USN
Counsel for Appellee: LT David H. Lee, JAGC, USNCase Summary: GCM conviction of making a false official statement, use of marijuana, larceny and making a false claim. Granted issues are: (1) did a defense objection of “lack of foundation” to a summary document moved into evidence under M.R.E. 1006 either include or preserve an objection to the admissibility of the underlying evidence upon which the summary was based? and (2) was the evidence upon which the M.R.E. 1006 summary was based admissible as an exception to hearsay and proffered by a competent witness?
Followed by:
United States v.
Amador Nieto, Jr. No. 07-0495/MC (Appellee) (Appellant) (audio) Counsel for Appellant: Maj Brian L. Jackson, USMC
Counsel for Appellee: LT Justin E. Dunlap, JAGC, USNCase Summary: SPCM conviction of use of cocaine. Granted issue questions whether the lower court erred when it held that the military judge did not commit plain error when he permitted the trial counsel to ask hypothetical voir dire questions that presented the members with such detailed facts about Appellant’s case that the trial counsel was in effect committing the members to return a verdict of guilty prior to the presentation of evidence, argument, and instructions.
NOTE: Counsel for each side will be allowed 15 minutes to present oral argument in this case.
| 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.
|
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax