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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001
Wednesday, July 6, 2011
9:30 a.m.
United States v.
Demetrice K. Baker. No. 11-6007/AR (Appellee) (Appellant) (audio) Counsel for Appellant: Capt Richard M. Gallagher, JA, USA
Counsel for Appellee: Maj Adam S. Kazin, JA, USACase Summary: GCM prosecution for indecent exposure and assault consummated by a battery. At trial, the military judge granted a defense motion to suppress the pre-trial photographic and in-court identification of the Appellant. The Government appealed the ruling of the military judge under Article 62, UCMJ, and the Army Court of Criminal Appeals reversed the ruling of the military judge. Granted issue questions whether the Court of Criminal Appeals erred (1) in finding that the military judge's suppression of the identification evidence was an abuse of discretion, and (2) in holding that the pre-trial identification procedures were reliable under the cirumstances where the Court of Criminal Appeals made impermissible findings of fact under Article 62 and relied on such findings in overruling the military judge.
NOTE: Counsel for each side will be allotted 20 minutes to present oral argument.
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