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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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Tuesday, April 8, 2008

12:00 p.m.

United States v.	Sean P. Bright	No. 07-0269/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Charles W. Gittins, Esq.
Counsel for Appellee: Capt Teresa T. Phelps, JA, USA

Case Summary: GCM conviction of rape, sodomy by force, attempted violation of a regulation by asking a trainee to engage in a wrongful relationship, violation of a regulation by having a wrongful relationship with trainee, maltreatment, adultery, and obstruction of justice. Granted issue questions whether the evidence of rape was legally insufficient to support a conviction where the Government offered no evidence of immediate force and lack of consent at or reasonably near the time that the prosecutrix, inter alia, arranged for off-base hotel rooms to meet Appellant, made her own way to hotel rooms to engage in sexual intercourse with Appellant, smoked cigarettes and drank beer in bed with Appellant, and ordered pizza and ate it in bed with Appellant during her meetings with Appellant where she and Appellant engaged in sexual intercourse.

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

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Thursday, April 10, 2008

2:00 p.m.

United States v.	Jeremy T. Wilcox	No. 05-0159/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Christopher W. Dempsey, JA, USA
Counsel for Appellee: Capt Michael G. Pond, JA, USA

Case Summary: GCM conviction of disobeying an officer, violating a regulation by attending a Ku Klux Klan rally, making a false official statement, larceny of government property, and wrongfully advocating anti-government and disloyal statements and encouraging participation in extremist organizations while identifying himself as a “U.S. Army Paratrooper.” Granted issue questions whether the evidence was legally sufficient to support a determination that Appellant’s statements to an undercover NCIS agent on the internet were either detrimental to good order and discipline or of a nature to bring discredit upon the Armed Forces when the military nexus reflected in the record consisted of Appellant’s reference to being a “US Army paratrooper,” and his statements raise a significant issue under the First Amendment.

NOTE: This case will be heard at the Base Theater at Malmstrom Air Force Base, Montana as part of the Court’s Project Outreach. Each side will be allotted 20 minutes to present oral argument.