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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, November 3, 2009

TBD

United States v.	James N. Durbin	No. 09-0380/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Marla J. Gillman, USAF
Counsel for Appellee: Capt Coretta E. Gray, USAF

Case Summary: GCM conviction of possession of child pornography. Granted issues question: (1) where the military judge found that Appellant and his wife had a private conversation while married and not separated, was the military judge correct that Appellant could claim the privilege under Mil. R. Evid. 504 only as to his statements during that conversation but not to his wife’s as well; and (2) whether the Air Force Court of Criminal Appeals erred in finding there was no harm after overturning the military judge’s ruling that Appellant’s act of showing his wife that he had deleted the pictures he said he would was not communicative and therefore not privileged under Mil. R. Evid. 504.

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

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Wednesday, November 4, 2009

TBD

United States v.	James A. Cowgill	No. 09-0376/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Tiffany M. Wagner, USAF
Counsel for Appellee: Maj Jeremy S. Weber, USAF

Case Summary: SPCM conviction of use of cocaine, use of marijuana, and possession of marijuana. Granted issue questions whether the military judge abused her discretion in denying the defense motion to suppress all evidence from Appellant’s home.

NOTE: This case will be heard at Fort Campbell, Kentucky as part of the Court’s Project Outreach. Each side will be allotted 20 minutes to present oral argument.

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Monday, November 9, 2009

9:30 a.m.

United States v.	Daniel L. Ellis	No. 09-0382/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Michael A. Burnat, USAF
Counsel for Appellee: Capt Coretta E. Gray, USAF

Case Summary: GCM conviction of indecent acts with a child, possession of child pornography, adultery, communicating indecent language to a child, carnal knowledge, and attempted communication of indecent language to a child. Granted issue questions whether the military judge abused his discretion by allowing the government’s expert witness to testify concerning Appellant’s risk of recidivism.

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

Followed by:

United States v.	Steven L. Jones	No. 09-0271/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Lance J. Wood, USAF
Counsel for Appellee: Maj Jeremy S. Weber, USAF

Case Summary: GCM conviction of indecent acts with another, forcible sodomy, dishonorably failing to maintain sufficient funds to cover a debt, failure to go, and purchasing alcohol for minors. Granted issue questions whether Appellant’s conviction for indecent acts with another must be set aside because the military judge issued erroneous and misleading instructions supporting indecent acts as an available lesser-included offense to the original rape charge and the resulting conviction under Charge I and its specification amounted to a fatal variance.

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

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Tuesday, November 10, 2009

9:30 a.m.

United States v.	Christine N. Thompson	No. 09-0145/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Tiffany K. Dewell, JA, USA
Counsel for Appellee: Capt Lynn I. Williams, JA, USA

Case Summary: GCM conviction of AWOL, larceny, larceny of military property, forgery, and attempted larceny. Granted issue questions whether the Army Court erred when it ruled that Appellant’s right to a speedy trial under Article 10, UCMJ, was not violated.

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

Followed by:

United States v.	Webster M. Smith	No. 08-0719/CG
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Ronald C. Machen, Esq.
Counsel for Appellee: LT Emily P. Reuter, USCG

Case Summary: GCM conviction of going from place of duty, attempting to disobey an order, sodomy, extortion, and indecent assault. Granted issue questions whether the military judge violated Appellant’s constitutional right to confront his accusers by limiting his cross-examination of [SR], the government’s only witness, on three of the five charges.

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

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Tuesday, November 17, 2009

9:30 a.m.

United States v.	Makisha I. Morton	No. 09-0185/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Pamela Perillo, JA, USA
Counsel for Appellee: Capt Nicole L. Fish, JA, USA

Case Summary: GCM conviction of making a false official statement, larceny, obstruction of justice, and altering a sick slip. Granted issue questions whether, after finding the evidence factually insufficient to support a finding of guilty to the additional Charge and its Specification (forgery), the lesser included offense on a theory not presented to the trier of fact.

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

Followed by:

United States v.	Charles J. Clayton	No. 08-0644/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: William E. Cassara, Esq.
Counsel for Appellee: Capt Adam S. Kazin, JA, USA

Case Summary: GCM conviction for possessing adult and child pornography in movies and photographs on digital media. Granted issue questions whether the military judge erred in denying Appellant’s motion to suppress the evidence seized from Appellant’s quarters.

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