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United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001


Tuesday, April 14, 2015

12:00 p.m.:

United States v.

Joshua K. Plant No.15-0011/AF
(Appellee) (Appellant) (audio)

Counsel for Appellant: Phillip D. Cave, Esq. (brief)
Counsel for Appellee: Capt Thomas J. Alford, USAF (brief)

Brief of Amicus Curiae -- Joshua J. Bryant, Scott C. Idleman, and Aloysius F. Rohmeyer

Case Summary: GCM conviction of aggravated sexual assault of a child, child endangerment, and adultery. Granted issue questions whether the evidence is legally sufficient to support the finding of guilty to Charge V and its Specification (child endangerment) because the evidence failed to prove Appellant's alcohol use alone amounted to culpable negligence that endangered the welfare of L.P.

NOTE: Counsel for each side will be allotted 20 minutes to present oral argument. Project Outreach case to be heard at the Marquette University Law School, Milwaukee, Wisconsin.


Wednesday, April 15, 2015

12:00 p.m.:

United States v.

Levi A. Keefauver No.15-0029/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant: Capt Patrick J. Scudieri, JA, USA (brief)
Counsel for Appellee:  Capt Benjamin W. Hogan, JA, USA (brief)

Brief of Amicus Curiae -- Steven H. Wright, Curtis J. Hinca, and Catherine E. White

Brief of Amicus Curiae -- John A. Pray, Jake Blair, and Veronica Sustic

Case Summary: GCM conviction of possessing marijuana, unregistered firearms, and drug paraphernalia. Granted issue questions whether the Army court erred in finding the protective sweep was appropriate in total.

NOTE:Counsel for each side will be allotted 20 minutes to present oral argument.  Project Outreach case to be heard at the University of Wisconsin Law School, Madison, Wisconsin.


Tuesday, April 28, 2015

9:00 a.m.:

United States v.

Brian A. Murphy No.14-0767/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant: Capt Brian J. Sullivan. JA, USA (brief)
Counsel for Appellee:  Capt Ben W. Hogan, JA, USA (brief)    

Case Summary: GCM conviction of conspiracy to sell military property, use of oxycodone, and larceny. Granted issue questions whether the Army Court of Criminal Appeals erred in concluding that ammunition constitutes an explosive for purposes of the sentence aggravator of Articles 108 and 121, UCMJ.

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


Followed by:

United States v.

Michael F. Stellato No.15-0315/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant: Capt Robert H. Meek, JA, USA (brief)
Counsel for Appellee: Capt Janae M. Lepir, JA, USA (brief)    

Case Summary: GCM prosecution for rape of child, aggravated sexual contact with a child, indecent liberties with a child and sodomy with a child. Granted issues question: (1) whether the Army Court of Criminal Appeals erred as a matter of law in concluding there was no discovery violation and reversing the military judge's remedy of dismissal; (2) whether the Army Court of Criminal Appeals applied an erroneous view of the law in requiring the military judge to find "willful ignorance, willful suppression, or other misconduct" as a condition precedent for dismissal with prejudice for discovery violations.

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


Followed by:

United States v.

Christopher S. Schloff No.15-0294/AR
(Appellee) (Appellant) (audio)

Counsel for Appellant: Capt Amanda R. McNeil, JA, USA (brief)
Counsel for Appellee: Capt Carrie L. Ward, JA, USA (brief)    

Amicus Curiae Brief -- Special Victim Counsel

Case Summary: GCM prosecution for abusive sexual contact. Granted issue questions whether the Army Court erred in expanding the definition of a "sexual contact" to a touch accomplished by an object contrary to the plain language of Article 120 (G) (2).

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


Wednesday, April 29, 2015

9:00 a.m.:

United States v.

Wilber J. McIntosh, Jr. No.14-0685/AF
(Appellee) (Appellant) (audio)

Counsel for Appellant: Maj Grover H. Baxley, USAFR (brief)
Counsel for Appellee: Capt Thomas J. Alford, USAF (brief)    

Case Summary: GCM conviction of rape of a child, lewd acts with a child, assault and communicating a threat. Granted issue questions whether Appellant received ineffective assistance when defense counsel failed to introduce evidence which strongly corroborated the defense theory that the allegations in this case were false.

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



Hearings have been scheduled on the following dates.

All scheduled hearings will include case summaries. These hearings will be held in the courtroom located on the second floor of the Courthouse, 450 E Street, Northwest, Washington, D.C. 20442-0001, unless otherwise noted.

Audio recordings of hearings normally will be available on this page the day following the hearing.

 

 
United States Court of Appeals for the Armed Forces • 450 E Street, NW Washington, DC 20442-0001
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax