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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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Monday, November 17, 2008

9:00 a.m.

United States v.	Ernest D. Goodin, Jr.	No 08-0355/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Phillip T. Korman, USAF
Counsel for Appellee: Maj Brendon K. Tukey, USAF

Case Summary: GCM conviction of indecent acts with a child and possession of child pornography. Granted issue questions whether the military judge erred by allowing evidence of legal pornography and sexual acts between Appellant and Appellant’s wife.

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

Followed by:

United States v.	David J. Von Bergen	No. 03-0629/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Vicki A. Belleau, USAF
Counsel for Appellee: Maj Brendon K. Tukey, USAF

Case Summary: GCM conviction of possession and distribution of child pornography. Granted issue questions whether the military judge erred when he held Appellant’s waiver of his Article 32 rights for his 20 September 2001 court-martial applied to his 23 October 2006 rehearing.

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

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Tuesday, November 18, 2008

9:00 a.m.

United States v.	William C. Thompson	No. 08-0334/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Richard D. Belliss, USMC
Counsel for Appellee: LT Derek D. Butler, JAGC, USN

Case Summary: GCM conviction of AWOL, willfull disobedience of an offficer, breaking restriction, kidnapping, assault, and possession of child pornography. Granted issue question whether: (1) whether the lower court erred in holding that, even if the military judge erred in denying the defense motion to suppress Appellant’s confession to investigator AR, the error was harmless beyond a reasonable doubt; (2) whether the lower court erred to the substantial prejudice of Appellant by substituting its finding of guilt to reckless endangerment under Article 134, UCMJ, for the court-martial’s finding of guilt as to the offense of kidnapping as pled under Charge V, Specification 2.

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

Followed by:

United States v.	Matthew C. Kuemmerle	No. 8-0448/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Gregory W. Manz, JAGC, USN
Counsel for Appellee: LT Timothy H. Delgado, JAGC, USN

Case Summary: GCM of conviction of carnal knowledge and receiving and distributing child pornography. Granted issue questions whether the court-martial had jurisdiction over Appellant for the charge of distributing an image of child pornography where Appellant posted the image on the internet prior to entering active duty and he took no further steps to distribute the image after it was initially posted.

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