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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, February 13, 2012

9:30 a.m.

United States v.	Ryan D. Humphries	No. 10-5004/AF
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Gerald R. Bruce, Esq. (brief)
                      -------------------- (cross-appellee brief)
Counsel for Appellee: Dwight H. Sullivan, Esq. (brief)                                               -------------------- (cross-appellant brief)                                           ------------ (cross-appellant reply brief)                       

Case Summary: GCM conviction of adultery and sodomy.  Certified issue questions whether the Air Force Court of Criminal Appeals erred in finding Appellee’s sentence inappropriately severe under the unique circumstances of this case and erred in an attempt at exercising appellate clemency by remanding the case to the convening authority with instructions that the convening authority may approve an adjudged sentence no greater than a suspended bad conduct discharge and a reduction to the grade of E-1.

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

Followed by:

United States v.	Joseph A. Hayes	No. 12-0090/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Shane McCammon, USAF (brief)                   ------------------------------------------------------(reply brief)
Counsel for Appellee: Major Jason M. Kellhofer, USAFR (brief)

Case Summary: GCM conviction of underage drinking, distribution of marijuana and cocaine, and use of marijuana. Granted issue questions whether the military judge erred in denying Appellant’s motion to dismiss for failure to state an offense, where the specification omitted reference to a required element under state law for a finding of guilty for wrongful consumption of alcohol while under age 21.

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

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Tuesday, February 14, 2012

9:30 a.m.

United States v.	Jeremy J. Nash	No. 11-5005/MC
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Capt Mark V. Balfantz, USMC (brief)(reply brief)
Counsel for Appellee: Major Kirk Sripinyo, USMC (brief)

Case Summary:  GCM conviction of indecent liberties with a child, indecent acts with a child, and possession of child pornography. Certified issues question (1) whether the Navy-Marine Corps Court of Criminal Appeals erred in reviewing the implied bias issue de novo, rather than reviewing the implied bias issue under the standard of "less deference than abuse of discretion, but more deference than de novo" as set forth U.S. v. Bagstad, 68 M.J. 460 (C.A.A.F. 2010); and (2) whether the lower court failed to apply the implied bias test that asks whether, considered objectively, "most people in the same position would be prejudiced," reiterated in 2010 in Bagstad, and instead erroneously applied a test asking whether the member's circumstances "do injury to the perception or appearance of fairness in the military justice system"; and (3) whether the lower court erred in reversing the military judge and setting aside the findings and sentence for implied bias where the member submitted a written request, which was denied, that the military judge ask a witness "do you think that pedophiles can be rehabilitated?"

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