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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 3, 2012

9:00 a.m.:

United States v.	Ryan A. Bowersox	No. 12-0398/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt James P. Curtin, JA, USA (brief)                       ----------------------------------------------- (reply brief)
Counsel for Appellee:  Capt Bradley M. Endicott, JA, USA (brief)

Case Summary: GCM conviction of possession of obscene visual depiction of minors. Granted issue questions whether Appellant's conviction of violating 18 U.S.C. 1466A(b) (1), as imported through clause 3 of Article 134, UCMJ, is unconstitutional as applied to him because the minors depicted in the material at issue were not actual minors. See Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002); United States v. Whorley, 550 F. 3d 326 (4th Cir. 2008).

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

Followed by:

United States v.	Jeremey C. Clifton	No. 12-0486/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Kristin B. McGrory, JA, USA (brief)
                           ----------------------------------------- (reply brief)
Counsel for Appellee: Maj Robert Rodrigues, JA, USA (brief)

Case Summary: GCM conviction of making a false official statement and assault. Granted issue questions whether the Army Court of Criminal Appeals erred when it determined the military judge committed error by denying a panel member's request to call two additional witnesses for questioning, but found this error to be harmless.

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


Followed by:

United States v.	Michael S. Tunstall	No. 12-0516/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Scott Medlyn, USAF (brief)
Counsel for Appellee:  Capt Brian C. Mason, USAF (brief)

Case Summary: GCM conviction of aggravated sexual assault, indecent acts, and adultery. Granted issues question (1) whether Appellant's conviction of indecent acts must be set aside because the military judge erred in instructing the jury that indecent acts is a lesser included offense of aggravated sexual assault; (2) whether the findings of guilty to adultery must be dismissed in accordance with Rule for Courts-Martial 907 (b) (1) because it fails to state an offense.

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