YOU ARE HERE: HOME > HEARING CALENDAR > SEPTEMBER 2008 TERM > JANUARY 2009

United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

---

Monday, January 12, 2009

9:30 a.m.

United States v.	Andrew W. Smead	No. 08-0376/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt S. Babu Kaza, USMC
Counsel for Appellee: Capt Geoffrey Shows, USMC

Case Summary: GCM conviction of receiving and possessing child pornography, and committing an indecent act upon a female under the age of 16 years. Granted issue questions whether the Appellant suffered prejudice, for purposes of Article 59(a), UCMJ, where the charge of rape of a child, withdrawn and dismissed “with prejudice” at Appellant’s first court-martial, was re-instituted at Appellant’s rehearing.

Note: Counsel for each side will be allowed 20 minutes to present oral argument.

Followed by:

United States v.	Marcus W. Stephens	No. 08-0589/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Dwight H. Sullivan, Esq.
Counsel for Appellee: Capt Coretta E. Gray, USAF

Case Summary: GCM conviction of attempted carnal knowledge, attempted sodomy, and indecent acts with a child. Granted issue questions whether the military judge erred by allowing the father of the alleged victim to testify as evidence in aggravation, over defense objection, as to the impact on the alleged victim of the investigation and court-martial.

Note: Counsel for each side will be allowed 20 minutes to present oral argument.