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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 14, 2009

9:30 a.m.

United States v.	Christopher J. Matthews	No. 08-0613/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Earle A. Partington, Esq.
Counsel for Appellee: Maj Larry W. Downend, JA, USA

Case Summary: GCM conviction of assault and use of cocaine. Granted issue questions whether the United States Army Court of Criminal Appeals erred in holding that Mil. R. Evid. 509 does not bar the government from calling the military judge from a judge-alone trial to testify at a Dubay hearing as to his deliberative process.

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

Followed by:

United States v.	Bradley W. Marshall	No. 08-0779/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt W. J. Stephens, JA, USA
Counsel for Appellee: Capt Philip M. Staten, JA, USA

Case Summary: SPCM conviction of failure to go, AWOL, use of marijuana, escaping from custody, and disobeying an officer. Granted issue questions whether the military judge’s finding by exceptions and substitutions created a material fatal variance in Charge III and its specification [escape from custody].

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

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Wednesday, April 15, 2009

9:30 a.m.

United States v.	Andre M. Sanders	No. 09-0013/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Michael A. Burnat, USAF
Counsel for Appellee: Maj Donna S. Rueppell, USAF

Case Summary: GCM conviction of sodomy by force, assault, and indecent assault. Granted issue questions whether the military judge erred by admitting irrelevant and highly prejudicial evidence in violation of R.C.M. 1001 and Mil. R. Evid. 403.

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

Followed by:

United States v.	Jeff R. Wiechmann	No. 09-0082/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Kyle R. Kilian, JAGC, USN
Counsel for Appellee: Capt Timothy H. Delgado, JAGC, USN

Case Summary: GCM conviction of failure to obey protective order, making a false official statement, conduct unbecoming of an officer, adultery, and obstructing justice. Granted issue questions whether Appellant was denied his Sixth Amendment right to counsel when the convening authority and staff judge advocate failed to recognize one of his two detailed defense counsel.

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

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Monday, April 27, 2009

9:30 a.m.

United States v.	Wren A. Nance	No. 09-0164/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Michael A. Burnat, USAF
Counsel for Appellee: Maj Jeremy S. Weber, USAF

Case Summary: SPCM conviction of use of ecstasy and use of cough medicine with the intent to become intoxicated. Granted issue questions whether Appellant’s plea of guilty to engaging in conduct prejudicial to good order and discipline was improvident because of a lack of evidence in the record indicating that his conduct was directly prejudicial to good order and discipline.

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

Followed by:

United States v.	James D. Wilson	No. 09-0010/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Pamela Perillo, JA, USA
Counsel for Appellee: Capt Sarah J. Rykowski, JA, USA

Case Summary: GCM conviction of making a false official statement and rape of a child. Granted issue questions whether the Army Court of Criminal Appeals erred in affirming Appellant’s conviction for rape when the military judge excepted “on divers occasions” from the specification and did not specify the single occasion as part of the finding, but the victim only testified to a single occurrence and the parties only argued this single occasion to the military judge.

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

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Tuesday, April 28, 2009

9:30 a.m.

United States v.	Matthew W. Mazza	No. 09-0032/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Anthony Burgos, USMC
Counsel for Appellee: LT Timothy H. Delgado, JAGC, USN

Case Summary: GCM conviction of indecent acts with a child and indecent language to a child. Granted issue questions whether the civilian defense counsel was ineffective by; (1) soliciting human lie detector testimony, (2) failing to object to admission of the victim’s videotaped interview, and (3) permitting the videotape to be viewed during deliberations.

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

Followed by:

United States v.	Marco A. Bush	No. 09-0119/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LCDR Thomas P. Belsky, JAGC, USNR
Counsel for Appellee: LCDR Paul D. Bunge, JAGC, USN

Case Summary: GCM conviction of attempted escape, failure to obey an order, fleeing apprehension resisting apprehension, reckless driving and assault with a deadly weapon. Granted issues question whether the Court of Criminal Appeals’ interpretation and application of this Court’s decision in United States v. Allende, 66 M.J. 142 (C.A.A.F. 2008) places it at odds with this Court’s decision in United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997)

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