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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, May 6, 2008

9:00 a.m.

United States v.	Charles S. Roach	No. 07-0870/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Dwight H. Sullivan, Esq.
Counsel for Appellee: Capt Ryan N. Hoback, USAF

Case Summary: SPCM conviction of cocaine use, and dereliction of duty. Granted issues question: (1) whether the lower court erred by deciding Appellant’s case in the absence of a substantive submission on Appellant’s behalf despite this Court’s case law holding that it is “error” for a Court of Criminal Appeals to decide a “case without assistance of counsel” for an Appellant. United States v. May, 47 M.J. 478, 482 (C.A.A.F. 1998); (2) whether the lower Court erred by holding that it was not objectively unreasonable for the appellate defense counsel to fail to file a brief on Appellan’t behalf during the 182 days between the expiration of Appellant’s briefing deadline and the lower Court’s decision in Appellant’s case; and that Appellant demonstrated no prejudice, despite this Court’s case law holding that where appellate counsel “do nothing” on an Appellant’s behalf, the “Appellant has been effectively deprived of counsel, and prejudice is presumed.” United States v. May, 47 M.J. 478, 482 (C.A.A.F. 1998).

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

Followed by:

United States v.	David P. Bartlett, Jr.	No. 07-0636/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Kathleena R. Scarpato, JA, USA
Counsel for Appellee: Capt Trevor B. A. Nelson, JA, USA

Case Summary: GCM conviction of unpremeditated murder. Granted issue questions whether the Secretary of the Army’s decision to exempt from court-martial service officers of the special branches named in AR 27-10 (Medical Corps, Medical Specialist Corps, Dental Corps, Chaplain Corps, Nurse Corps, Veterinary Corps, and those detailed to Inspector General duties) contradicts Article 25(d) (2), UCMJ, which requires a convening authority to select court-martial members based upon age, education, training, experience, length of service, and judicial temperament.

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