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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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Wednesday, September 17, 2008

9:00 a.m.

United States v.	Frank D. Wuterich	No. 08-6006/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Kathleen L. Kadlec, JAGC, USN
Counsel for Appellee: LT Timothy H. Delgado, JAGC, USN

CBS Broadcasting, Inc. v.	United States Navy-Marine Corps Court of Criminal Appeals, United States, and Frank D. Wuterich, Staff Sergeant, E-6, U.S. Marine Corps	No. 08-8020/MC
(Petitioner)	(Respondents)

Counsel for Petitioner: Lee Levine, Esq.
Counsel for Respondent United States: LT Timothy H. Delgado, JAGC, USN

In Re

Frank D. Wuterich

No. 08-8021/MC

Counsel for Petitioner: LT Kathleen L. Kadlec, JAGC, USN
Counsel for Respondent: LT Timothy H. Delgado, JAGC, USN

Case Summary: GCM prosecution for dereliction of duty and manslaughter. At trial, the prosecution issued a subpoena to CBS Broadcasting, Inc. for outtakes of a 60 Minutes interview of the Appellant, however, the military judge granted a motion filed by CBS to quash the subpoena. The prosecution brought an appeal to the U.S. Navy-Marine Corps Court of Criminal Appeals under Article 62, UCMJ. That court directed the military judge to conduct an in camera review over any material that CBS asserted a privilege, to develop a factual and legal basis for CBS’s refusal to comply with the subpoena if any of the undisclosed material is relevant and necessary, and to address whether and to what extent any news-gathering privilege applies. The Appellant filed a petition for grant of review of the lower court’s decision. CBS has filed a petition for extraordinary relief in the nature of a writ or prohibition and/or mandamus to vacate the lower court’s ruling and reinstate the military judge’s ruling. Appellant also filed a petition for extraordinary relief in the nature of a writ of mandamus to vacate the lower court’s ruling.

NOTE: Counsel for Appellant/Petitioner, counsel for CBS Broadcasting, Inc., and counsel for Appellee/Respondent United States will each be allotted 20 minutes to present oral argument.

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Monday, September 22, 2008

9:00 a.m.

United States v.	Bennie B. Gogue	No. 07-0826/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Eugene Ham, Esq.
Counsel for Appellee: Capt Michael G. Pond, JA, USA

Case Summary: SPCM conviction of AWOL, failure to go to appointed place of duty, disobeying an NCO, use of methamphetamines, marijuana, cocaine, and ecstasy. Granted issue questions whether, pursuant to 18 U.S.C. § 3585, Appellant is entitled to credit toward the confinement adjudged at a court-martial for confinement at state facilities served for charges unrelated to his court-martial sentence and not credited against another sentence. Specified issue questions whether, under United States v. Wilson, 503 U.S. 329 (1992), military judges lack the authority to calculate and apply pretrial confinement credit.

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

Followed by:

United States v.	Mark R. Conliffe	No. 08-0158/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Melissa E. Goforth Koenig, JA, USA
Counsel for Appellee: Capt Adam S. Kazin, JA, USA

Case Summary: GCM conviction of housebreaking and conduct unbecoming an officer and a gentleman. Granted issue questions whether Appellant’s pleas of guilty to the three specifications of Charge II, housebreaking, are improvident where the intended criminal offense upon entry, conduct unbecoming an officer and a gentleman, is a purely military offense.

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

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Tuesday, September 23, 2008

3:00 p.m.

United States v.	Carlos J. Rodriguez	No. 07-0900/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Brian D. Korn, JAGC, USN
Counsel for Appellee: LT Timothy H. Delgado, JAGC, USN

Case Summary: GCM conviction of forcible sodomy and indecent acts. Granted issues question: (1) whether the military judge improperly shifted the burden of proof to Appellant in asking Appellant to explain the victim’s motives in accusing him of sexual abuse; and (2) whether this Court has jurisdiction to consider Appellant’s untimely petition in light of Bowles v. Russell, 127 S.Ct. 2360 (2007).

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

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Wednesday, September 24, 2008

9:00 a.m.

United States v.	David V. Mendoza	No. 08-0246/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Kathleen L. Kadlec, JAGC, USN
Counsel for Appellee: Capt Geoffrey S. Shows, USMC

Case Summary: SPCM conviction for writing bad checks. Granted issue questions whether the lower court erred in not mandating a new staff judge advocate recommendation in compliance with Rule for Courts-Martial 1106(f) be served on Appellant’s trial defense counsel after it remanded Appellant’s case to a new convening authority for clarification of an ambiguous action.

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

Followed by:

United States v.	Derek C. Burch	No. 08-0092/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Heather L. Cassidy, JAGC, USN
Counsel for Appellee: Maj James W. Weirick, USMC

Case Summary: SPCM conviction for damaging military property and assault. Granted issue questions whether the lower court erred where, after finding a constitutional violation, it held that Appellant was not prejudiced when he was confined for over seven months beyond the date he should have been released under the convening authority’s unambiguous action.

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