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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, March 12, 2012

9:00 a.m.

United States v.	Richard L. Easton	No. No. 12-0053/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Meghan M. Poirier, JA, USA (brief)
                       ----------------------------------------------------(reply brief)
Counsel for Appellee:  Capt Bradley M. Endicott, JA, USA (brief)

Case Summary:  GCM conviction of missing movement by design.  Granted issue questions whether the Army court erred in holding the Appellant's trial did not violate his constitutional right against double jeopardy because jeopardy did not attach and even if it did, manifest necessity justified the convening authority's decision to withdraw charges.

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

Followed by:

United States v.	Eric W. Cooper	No. 12-6004/AR
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Capt John D. Riesenberg, JA, USA (brief)                         ----------------------------------------------------(reply brief)
Counsel for Appellee:  LtCol Peter Kageleiry, Jr, JA, USA (brief)

Case Summary:  GCM prosecution on charges of attempted sodomy, aggravated sexual contact, aggravated sexual assault, indecent acts, wrongful sexual contact, and abusive sexual contact.  At trial, the military judge suppressed the pre-trial statements of the accused as involuntary.  The Government appealed, and the Army Court of Criminal Appeals vacated the decision of the military judge, although it held that the military judge had addressed the issue under the proper legal framework.  The Judge Advocate General certified the following issues: (1) whether the military judge and the Army Court of Criminal Appeals erred in applying Michigan v. Mosley, 423 U.S. 96 (1975) as opposed to Oregon v. Bradshaw, 462 U.S. 1039 (1983) and Edwards v. Arizona, 451 U.S. 477 (1981) to the facts of this case; (2) whether the military judge erred in finding the accused's statement was involuntarily made; and (3) whether the military judge erred in suppressing the accused's entire typewritten statement based on a second alleged violation of his right to remain silent.

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

Followed by:

United States v.	Matthew J. McClain	No. 12-0099/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Matthew T. Grady, JA, USA (brief)                       ----------------------------------------------------(reply brief)
Counsel for Appellee: Capt Frank E. Kostik, Jr., JA, USA (brief)

Case Summary:  GCM conviction of possession and distribution of child pornography. Granted issue questions whether the evidence is legally sufficient to support Appellant's conviction of possessing child pornography.

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