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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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Monday, December 7, 2009

9:30 a.m.

United States v.	Daniel V. Trew	No. 09-0414/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  LT Brian D. Korn, JAGC, USN
Counsel for Appellee:   LT Timothy H. Delgado, JAGC, USN

Case Summary: GCM conviction of assault consummated by a battery upon a child. Granted issue questions whether, in light of United States v. Walters, 58 M.J. 391 (C.A.A.F. 2003) and United States v. Seider, 60 M.J. 36 (C.A.A.F. 2004), the charge and specification must be dismissed with prejudice, because the lower court could not conduct a proper appellate review under Article 66 and double jeopardy prevents a rehearing.  See United States v. Wilson, 67 M.J. 423 (C.A.A.F. 2009).     

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

Followed by:

United States v.	Jason M. Bagstad	No. 09-0429/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Anthony W. Burgos, USMC
Counsel for Appellee:  LT Duke J. Kim, JAGC, USN

Case Summary: SPCM conviction of use of marijuana. Granted issue questions whether the military judge abused his discretion in denying Appellant’s challenge for cause of Capt Stojka, creating serious doubts as to whether Appellant had a fair and impartial panel where the senior member and one of his subordinates comprised the two-thirds majority sufficient to convict Appellant.  

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

Monday, December 7, 2009

2:00 p.m.

Special Session in Memory of Robinson O. Everett, Chief Judge 1980-1990; Senior Judge 1990-2009.

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Tuesday, December 8, 2009

9:30 a.m.

United States v.	George L. Moore	No. 09-5005/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Naomi N. Porterfield, USAF
Counsel for Appellee:  Capt Marla J. Gillman, USAF

Case Summary: SPCM conviction of wrongful use of a controlled substance and larceny.  Certified issue questions whether the Air Force Court of Criminal Appeals erred in holding that the admission of two prosecution exhibits evidencing Appellant’s continued drug use constituted plain error.

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

Followed by:

United States v.	Michael T. Nerad	No. 09-5006/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Jeremy S. Weber, USAF
Counsel for Appellee:  Dwight H. Sullivan, Esq.

Case Summary: GCM conviction of larceny, wrongful disposition of military property, possession of child pornography, adultery, sodomy and failure to obey a lawful order.  Certified issue questions whether the Air Force Court of Criminal Appeals erred in nullifying Appellee’s factually and legally sufficient conviction for possession of child pornography.      

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