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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001
Monday, February 4, 2008
9:00 a.m.
United States v.
David M. Brooks No. 07-0639/MC (Appellee) (Appellant) (audio) Counsel for Appellant: LT Heather L. Cassidy, JAGC, USN
Counsel for Appellee: Major James W. Weirick, USMCCase Summary: GCM conviction of adultery, failure to obey restriction order, assault, obstruction of justice, and unlawful entry. Granted issue questions whether Appellant’s Sixth Amendment right to counsel has been violated where, while in confinement, brig personnel monitored his phone conversations with appellate defense counsel and seized his privileged correspondence.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
Followed by:
United States v.
Justin A. Inabinette No. 07-0787/MC (Appellee) (Appellant) (audio) Counsel for Appellant: LCDR Thomas P. Belsky, JAGC, USNR
Counsel for Appellee: LT Justin E. Dunlap, JAGC, USNCase Summary: SPCM conviction of violating a general order by shipping a pistol and grenade out of USCENTCOM, and wrongful appropriation of a grenade. Granted issue questions whether the Court of Criminal Appeals erred when it reviewed for an abuse of discretion, rather than de novo, the military judge’s legal conclusion that Appellant’s pleas were provident.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Kevin L. McIlwain No. 07-0544/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Shay Stanford, JA, USA
Counsel for Appellee: Capt Nicole L. Fish, JA, USACase Summary: GCM conviction of rape, sodomy, and indecent acts. Granted issue questions whether the military judge, in a trial before a court-martial panel erred in denying a motion for recusal after stating that while she believed she could remain impartial in a trial by members, she would recuse herself if she were the trier of fact. Compare, e.g., Parenteau v. Jacobson, 586 N.E.2d 15, 18 (Mass. App. Ct. 1993) with Walberg v. Israel, 766 F.2d 1071, 1076 (7th Cir. 1985).
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
Followed by:
United States v.
Antonyo T. Adams No. 07-0796/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Anthony D. Ortiz, USAF
Counsel for Appellee: Major Matthew Ward, USAFCase Summary: GCM conviction of AWOL, and writing bad checks. Granted issue questions whether the court-martial convened by special order AB-12 had proper jurisdiction when that order did not transfer members appointed by prior orders AB-01, AB-07, and AB-09, but members named in those orders nonetheless sat as members of Appellant’s court-martial.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
9:00 a.m.
United States v.
Daniel Ortiz No. 07-0555/AR (Appellee) (Appellant) (audio) Counsel for Appellant: William E. Cassara, Esq.
Counsel for Appellee: Capt Trevor B. A. Nelson, JA, USACase Summary: GCM conviction of rape, sodomy, indecent liberties, and indecent acts with a child, and communicating a threat. Granted issue questions whether Appellant was denied his constitutional right to a public trial when the military judge excluded the public from the courtroom when the victim, BP, testified on the merits.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
Followed by:
United States v.
Robert D. Maynard No. 07-0647/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Seth A. Director, JA, USA
Counsel for Appellee: Capt Mark E. Goodson, JA, USACase Summary: SPCM conviction of AWOL. Granted issue questions whether the military judge committed plain error in allowing panel members to consider evidence of Appellant’s alleged anti-American and anti-war views as aggravation evidence under R.C.M. 1001 (b) (4) to the offense of absence without leave, thereby prejudicing Appellant’s substantial rights.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
Followed by:
United States v.
Adam P. Perez No. 08-5002/AF (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Jason M. Kellhofer, USAF
Counsel for Appellee: Capt Tiaundra Sorrell, USAFCase Summary: GCM conviction of disobeying an order, assault consummated by battery, and rape. The convening authority disapproved the conviction of rape. The Court of Criminal Appeals determined that the convening authority had inappropriately corrected an issue of new evidence by dismissing the rape offense and reassessing the sentence to one greater than the military judge would have adjudged. The Judge Advocate General of the Air Force requested action be taken with respect to the following issue: whether the convening authority properly applied Rule for Courts-Martial 1107.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.
9:00 a.m.
United States v.
Ahmed M. Elfayoumi No. 07-0346/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Frank J. Spinner, Esq.
Counsel for Appellee: Capt Andrew C. Baum, JA, USACase Summary: GCM conviction of forcible sodomy, assault on a prison guard, and indecent assault. Granted issue questions whether the military judge abused his discretion when he denied the defense counsel’s challenge for cause against Major [L.G.], a panel member, for implied bias.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
Followed by:
United States v.
William C. Bragg No. 07-0382/MC (Appellee) (Appellant) (audio) Counsel for Appellant: Major Brian L. Jackson, USMC
Counsel for Appellee: Colonel Louis J. Puleo, USMCCase Summary: GCM conviction of recruiter misconduct, rape, indecent assault, indecent language, and adultery. Granted issue questions whether the lower court erred in upholding the military judge’s denial of the challenge for cause of Lieutenant Colonel [W.].
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument in this case.
6:00 p.m.
United States v.
Joey M. Gallagher No. 07-0527/MC (Appellee) (Appellant) (audio) Counsel for Appellant: William E. Cassara, Esq.
Counsel for Appellee: Maj Brian K. Keller, USMCCase Summary: GCM conviction of violating South Carolina code section 16-17-470 (eavesdropping), and possession of child pornography. Granted issues question: (1) whether the Navy-Marine Corps Court of Criminal Appeals erred by finding that the search of Appellant’s closed briefcase, located in the garage of Appellant’s home, did not exceed the scope of his wife’s consent to search the areas of the home which she had actual or apparent authority; and (2) whether the Navy-Marine Corps Court of Criminal Appeals erred by holding that the evidence of the content of Appellant’s computer harddrive were properly admitted and were not the products of an unlawful search.
NOTE: This case will be heard at George Mason University School of Law, Arlington, Virginia as part of the Court’s Project Outreach. Each side will be allotted 20 minutes to present oral argument.
| 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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