YOU ARE HERE: HOME > HEARING CALENDAR > 2008 TERM (TRANSITION) > MARCH 2008

United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

---

Monday, March 10, 2008

9:00 a.m.

United States v.	Daqric B. Moorefield	No. 07-0503/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Gregory W. Manz, JAGC, USN
Counsel for Appellee: Col Louis J. Puleo, USMC

Case Summary: GCM conviction of making a false official statement, disorderly conduct, assault, communicating a threat, soliciting a crime, insubordination towards an NCO, attempting to strike a military police officer, and impersonating an NCO. Granted issue questions whether the Staff Judge Advocate was required to recuse himself from involvement in Appellant’s case on the basis of JAGINST 5803.B, Rule 1.12, or other law, regulation or directive. If so, whether Appellant was prejudiced by the Staff Judge Advocate’s failure to do so.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Matthew K. Travis	No. 07-0482/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt S. B. Kaza, USMC
Counsel for Appellee: Major Brian Keller, USMC

Case Summary: GCM conviction of attempted cruelty and maltreatment, conspiracy, dereliction of duty, and making a false official statement. Granted issue questions whether the Court of Criminal Appeals erred by finding that Appellant was not prejudiced by the failure of the Staff Judge Advocate to forward clemency matters submitted by Appellant to the convening authority prior to taking initial action and by finding that Appellant was not prejudiced when the Staff Judge Advocate held onto the clemency matters for over a year before forwarding matters to the convening authority.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

---

Tuesday, March 11, 2008

9:00 a.m.

United States v.	Carl T. Bridges	No. 07-0701/CG
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LCDR Necia L. Chambliss, USCGR
Counsel for Appellee: LCDR P.M. Flynn, USCG

Case Summary: SPCM conviction of using disrespectful language towards a petty officer, use of marijuana, cocaine, and xanax, and breaking restriction. Granted issue questions whether the military judge abused his discretion when he admitted Prosecution Exhibit 3 over defense objection because it was extrinsic evidence of specific acts of misconduct offered to rebut an opinion. See United States v. Hallum, 31 M.J. 254 (C.M.A. 1990).

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Jonathan E. Lee	No. 07-0725/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Eugene R. Fidell, Esq.
Counsel for Appellee: LT Justin E. Dunlap, JAGC, USN

Case Summary: GCM conviction of burglary, conduct unbecoming an officer and a gentleman, fraternization, and indecent assault. Granted issue questions whether trial defense counsel’s failure to disclose his conflict of interest resulted in an uninformed and invalid election of counsel.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

---

Wednesday, March 12, 2008

9:00 a.m.

United States v.	Bennie C. Melson	No. 08-5003/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Donna S. Rueppell, USAF
Counsel for Appellee: Capt Griffin S. Dunham, USAF

Case Summary: GCM conviction of attempted voluntary manslaughter, wrongful use of cocaine, assault, bigamy, signing a false official record, disorderly conduct, and possessing drug paraphernalia. The Judge Advocate General of the Air Force requested action be taken with respect to the following issues: (1) whether the Air Force Court of Criminal Appeals erred in finding trial defense counsel ineffective; and (2) whether the Air Force Court of Criminal Appeals erred in rejecting trial defense counsel’s affidavit as untimely.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

---

Monday, March 17, 2008

9:00 a.m.

United States v.	Juan R. Gutierrez	No. 08-5004/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:
Counsel for Appellee:

Case Summary: GCM conviction of assault consummated by a battery. The Judge Advocate General of the Army requested action be taken with respect to the following issue: whether the United States Army Court of Criminal Appeals erred in holding that the trial defense counsel provided ineffective assistance of counsel because he waived an affirmative defense instruction.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.

Followed by:

United States v.	Andrew P. Ober	No. 07-0722/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Seth A. Director, JA, USA
Counsel for Appellee: Capt Larry Downend, JA, USA

Case Summary: GCM conviction of transporting child pornography, possession of child pornography, and making a false official statement. Granted issues question: (1) whether the evidence is legally insufficient to support a finding of guilt for transporting child pornography in interstate commerce when no evidence exists that Appellant uploaded child pornography from his computer to the internet file-sharing program “Kazaa”; (2) whether the Army Court erred in affirming the finding of guilty for Specification 1 of Charge I when the Court affirmed under a different theory of liability than was proffered to the military panel, in contravention of Chiarella v. United States, 445 U.S. 222 (1980); (3) whether the military judge failed to properly instruct the panel on the elements for Specification 1 of Charge I, by omitting the charged language “cause to be transported” from the oral and written instructions, failing to instruct on a possible Government alternate theory of liability under Article 77, UCMJ, and failing to properly instruct on the term “uploading” when the computer experts at trial provided two varying definitions.

NOTE: Counsel for each side will be allotted 30 minutes to present oral argument.

---

Tuesday, March 18, 2008

3:00 p.m.

United States v.	David A. Czachorowski	No. 07-0379/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Frank J. Spinner, Esq.
Counsel for Appellee: Capt Roger E. Mattioli, USMC

Case Summary: GCM conviction of committing an indecent act on a child. Granted issues question: (1) whether the military judge abused his discretion by admitting into evidence AAC’s hearsay statements in violation of Mil.R.Evid. 807 and the Sixth Amendment of the Constitution; and (2) whether the military judge abused his discretion by admitting into evidence AAC’s hearsay statements in violation of the notice requirement of Mil.R.Evid. 807.

NOTE: This case will be heard at The Catholic University School of Law, Washington, D.C. as part of the Court’s Project Outreach. Each side will be allotted 20 minutes to present oral argument.