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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 6, 2010

9:30am

United States v.	Stephen A. Lloyd	No. 09-0755AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Reggie D. Yager, USAF
Counsel for Appellee: Capt Charles G. Warren, USAF

Case Summary: GCM conviction of assault with a dangerous weapon. Granted issue questions whether the military judge abused her discretion when she denied the defense request for an expert consultant in the field of blood spatter.

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

Followed by:

United States v.	Benjamin Ayala	No. 10-0013/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Marla J. Gillman, USAF
Counsel for Appellee: Capt G. Matt Osborn, USAF

Case Summary: SPCM conviction of using marijuana and cocaine. Granted issue questions whether the military judge erred in finding Appellant’s additional urinalyses conducted pursuant to United States v. Bickel, 30 M.J. 277 (C.M.A. 1990), were for a permissible purpose.

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

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Wednesday, April 7, 2010

9:30 am

United States v.	Gabriel R. Contreras	No. 09-0754/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Major Michael A. Burnat, USAF
Counsel for Appellee: Capt Naomi N. Porterfield, USAF

Case Summary: GCM conviction of conspiring to commit indecent acts with another, housebreaking, and committing indecent acts with another. Granted issue questions whether the housebreaking charge should be set aside because the underlying criminal offense (indecent acts with another under Article 134, UCMJ) is a purely military offense.

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

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Tuesday, April 20, 2010

9:30 am

United States v.	Russell B. Mullins	No. 07-0401/NA
(Appellee)	(Appellant)	(audio)

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

Case Summary: GCM conviction in 2001 of rape of a child, sodomy with a child, indecent acts with a child, and possession of child pornography transported in interstate commerce and possession of child pornography on federal property. On December 7, 2006, the Court of Criminal Appeals (CCA) dismissed the conviction of possession of child pornography transported in interstate commerce and reassessed the sentence. This Court reversed the decision of the CCA and remanded the case for a new review under Article 66, UCMJ. On its second review, the CCA found error in the military judge’s allowing the expert witness to testify as to her opinion of the child’s veracity, but found the error not to be prejudicial. The CCA also concluded that the post-trial delay was not prejudicial. Granted issues question whether the CCA erred in holding that there was nothing impermissible in the military judge allowing the Government to introduce lie detector testimony in violation of Military Rule of Evidence 702, and whether the CCA denied the Appellant due process when it denied him relief due to excessive post-trial processing delay and denied his supplemental assignments of error.

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

Followed by:

United States v.	Jessica E. Estrada	No. 09-0822/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Michael E. Korte, JA, USA
Counsel for Appellee: Major Lynn I. Williams, JA, USA

Case Summary: SPCM conviction of larceny and signing and submitting false travel vouchers. Granted issue questions whether the Army Court of Criminal Appeals erroneously affirmed Appellant’s sentence which included a bad-conduct discharge where Appellant received a valid honorable discharge from the U.S. Army Reserves after the court-martial, but before the initial action.

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

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Wednesday, April 21, 2010

9:30 am

United States v.	Jerry A. Garner	No. 09-0729/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: CDR Thomas P. Belsky, JAGC, USN
Counsel for Appellee: Capt Robert E. Eckert, USMC

Case Summary: GCM conviction of attempting to communicate indecent language to a minor and violating 18 U.S.C. § 2422(b) by using interstate commerce in an attempt to persuade, entice, or induce a minor to engage in illegal sexual activity. Granted issue questions whether the Court of Criminal Appeals erred in affirming Appellant’s conviction for attempting to entice a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2422(b), where the record of trial failed to show that Appellant took the “substantial step” necessary for an attempt conviction under the statute.

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