YOU ARE HERE: HOME > HEARING CALENDAR > SEPTEMBER 2015 TERM > NOVEMBER 2015

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

---

Tuesday, November 17, 2015

9:30 a.m.:

United States v.	Pedro M. Bess	No.15-0372/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj John J. Stephens, USMC (brief)                                                   ------------------------- (reply brief)
Counsel for Appellee:  Capt Matthew M. Harris, USMC (brief)    

Case Summary: GCM conviction of attempted indecent conduct, and indecent conduct. Granted issue questions whether the military judge abused his discretion when he allowed the admission of additional evidence during deliberations but also denied Appellant the opportunity attack the accuracy of that evidence before the factfinder.

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

Followed by:

United States v.	Richard A. Gifford	No.15-0426/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Heather L. Tregle, JA, USA (brief)                                                     --------------------------- (reply brief)
Counsel for Appellee: Capt Robyn M. Chatwood, JA, USA (brief)    

Case Summary: GCM conviction of providing alcohol to a minor and aggravated sexual assault. Granted issue questions whether the Army Court of Criminal Appeals erred in holding that Second Infantry Division policy letter number 8 (11 January 2010), which prohibits service members who are 21 years of age and older from distributing alcohol to persons under 21 for the purposes of consumption, did not contain an element that Appellant knew that the person to whom distribution was made was under 21 years of age, and therefore imposed strict liability for such actions.

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