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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, January 22, 2013

9:30 a.m.:

United States v.	Reginald D. Holsey	No. 12-0597/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt J. Fred Ingram, JA, USA (brief)                              ----------------------------------------- (reply brief)
Counsel for Appellee:  Capt Daniel H. Karna, JA, USA (brief)

Case Summary: SPCM conviction of desertion. Granted issue questions whether the military judge abused his discretion when he rejected Appellant's plea based upon a necessity defense that is neither recognized in military courts nor applicable to Appellant's case.

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

Followed by:

United States v.	Cassandra M. Riley	No. 11-0675/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Brandon H. Iriye, JA, USA (brief)
Counsel for Appellee: Capt Samuel Gabremariam, JA, USA (brief)

Case Summary: GCM conviction of kidnapping a minor. Granted issues question (1) whether Appellant received ineffective assistance of counsel when her defense counsel failed to inform her that she would have to register as a sex offender after pleading guilty; and (2) whether in light of United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006), there is a substantial basis to question Appellant's guilty plea due to the military judge's failure to inquire if trial defense counsel informed Appellant that the offense to which she pled guilty would require Appellant to register as a sex offender.

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

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Wednesday, January 23, 2013

9:30 a.m.:

United States v.	Richard R. Mott	No. 12-0604/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LT Ryan C. Mattina, JAGC, USN (brief)                              ------------------------------------------- (reply brief)
Counsel for Appellee:  Maj William C. Kirby, USMC (brief)

Case Summary: GCM conviction of attempted murder. Granted issues question (1) what is the appropriate standard in determining whether an accused can appreciate the wrongfulness of his conduct? ; and (2) whether the military judge erred in admitting Appellant's statement.

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

Followed by:

United States v.	Antonio M. Castellano	No. 12-0684/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Michael D. Berry, USMC (brief)
Counsel for Appellee:  Maj Crista D. Kraics, USMC (brief)

Case Summary: GCM conviction of sodomy, adultery, attempted adultery, assault consummated by a battery, and indecent acts. Granted issue is: In Miller v. California, the Supreme Court held that the trier of fact must determine whether judicially created factors that distinguish between constitutionally-protected and criminal conduct are satisfied. The factors identified in ,United States v. Marcum are an example of such factors but the lower court held that the military judge must determine whether the Marcum factors are satisfied. Who determines whether they have been satisfied?

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