YOU ARE HERE: HOME > HEARING CALENDAR > SEPTEMBER 2015 TERM > FEBRUARY 2016

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

---

Tuesday, February 23, 2016

9:30 a.m.:

United States v.	Kevin Gay	Nos. 15-0742/AF & 15-0750/AF
(Appellee/ Cross-Appellant)	(Appellant/ Cross-Appellee)	(audio)

Counsel for Appellant/Cross-Appellee: Capt Lauren A. Shure, USAF
                                    ------------ (Cross-Appellee brief) (brief)        
Counsel for Appellee/Cross-Appellant: Maj Matthew J. Neil, USAF
                                    ------------ (Cross-Appellant brief) (brief)    

Case Summary: GCM conviction of larceny, wrongful appropriation, and wire fraud. Granted issue questions whether the AFCCA erred in failing to remand Appellant's case for a DuBay hearing to determine the facts surrounding Appellant's post-trial solitary confinement. Certified issue questions whether the AFCCA abused its discretion and committed legal error by reaching a decision that Article 66, UCMJ, grants it authority to grant sentence appropriateness relief for post-trial confinement conditions, even though there was no violation of the 8th Amendment or Article 55, UCMJ.

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

Followed by:

United States v.	Gavin B. Atchak	No. 16-0054/AF
(Appellant)	(Appellee)	(audio)

Counsel for Appellant:  Capt J. Ronald Steelman, USAF (brief)    
Counsel for Appellee:   Capt Michael A. Schrama, USAF (brief)

Case Summary: GCM conviction of dereliction of duty, providing alcohol to a minor, failure to obey lawful orders, and aggravated assault. Certified issue questions whether the AFCCA erred in setting aside and dismissing the aggravated assault specifications without authorizing the convening authority to order a rehearing for the lesser included offenses of assault consummated by a battery.

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

---

Wednesday, February 24, 2016

9:30 a.m.:

United States v.	Djoulou K. Caldwell	No. 16-0091/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Capt Scott A. Martin, JA, USA (brief)
Counsel for Appellee:   Capt Scott L. Goble, JA, USA (brief)

Case Summary: GCM conviction of maltreatment of a subordinate and abusive sexual contact. Granted issue questions whether the military judge committed plain error when he instructed the panel using a negligence standard for maltreatment of a subordinate in violation of Article 93, UCMJ.

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

Followed by:

United States v.	Shelby L. Williams	No. 16-0053/AF
(Appellant)	(Appellee)	(audio)

Counsel for Appellant:  Gerald R. Bruce, Esq. (brief)    
Counsel for Appellee:   Maj Jeffrey A. Davis, USAF (brief)

Case Summary: GCM conviction of rape. The Court of Criminal Appeals set aside Appellee's conviction due to the erroneous admission of evidence under MRE 413. Two motions for reconsideration were denied. The Judge Advocate General certified three issues to the Court for review on whether the Court of Criminal Appeals erred. Appellee then moved to dismiss the certificate based on the untimely filing of the certificate. Appellant opposed the motion. Oral argument will focus on the issue raised in the motion to dismiss as to whether the United States may file successive motions for reconsideration of a decision by the Court of Criminal Appeals, and thereby extend the 60-day filing deadline for a certificate for review of such decision. See Rules 19(b)(3), 22(b)(3), and 34(a).

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