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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, April 4, 2017

12:30 p.m.:

United States v.	Edward J. Mitchell	17-0153/AR
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Capt Samuel E. Landes, JA, USA (brief)
                                         --------------------------------- (reply brief)
Counsel for Appellee:  Capt Joshua B. Fix, JA, USA (brief)

Brief of Amicus Curiae -- Air Force Appellate Government Division

Brief of Amicus Curiae -- Electronic Frontier Foundation, American Civil Liberties Union, and ACLU of the District of Columbia

Brief of Amicus Curiae -- Jimmy Gurule and Marah McLeod

Brief of Amicus Curiae -- Stephen F. Smith and Dominic Barceleau

Case Summary: GCM prosecution for numerous violations of UCMJ Articles 81, 86, 89, 90, 120, 120a, 120c, 128 and 134. The military judge suppressed evidence obtained from Appellee's IPhone. The government filed an appeal under Article 62. The Army Court of Criminal Appeals denied the government's appeal. The Judge Advocate General of the Army certified the following issues: (1) whether the Fifth Amendment's self-incrimination clause is violated when a suspect voluntarily unlocks his phone without giving his personal identification number to investigators; (2) whether the Edwards Rule is violated when investigators ask a suspect, who has requested counsel and returned to his place of duty, to unlock his phone incident to a valid search authorization; (3) whether assuming investigators violated Appellant's Fifth Amendment privilege or the Edwards Rule, the military judge erred by suppressing the evidence.

NOTE: This case will be heard at Notre Dame Law School, Notre Dame, Indiana. Counsel for each side will be allotted 20 minutes to present oral argument.

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Wednesday, April 5, 2017

2:00 p.m.:

United States v.	Jared D. Herrmann	16-0599/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Patrick J. Scudieri, JA, USA (brief)
                                         --------------------------------- (reply brief)
Counsel for Appellee:  Maj Anne C. Hsieh, JA, USA (brief)

Brief of Amicus Curiae -- Lauren E. Bartlett and Christopher M. Calpin

Case Summary: GCM conviction of dereliction of duty and reckless endangerment. Granted issue questions whether the evidence is legally sufficient to find Appellant committed reckless endangerment, which requires proof the conduct was likely to produce death or grievous bodily harm.

NOTE: This case will be heard at Claude W. Pettit College of Law, Ohio Northern University, Ada, Ohio. Counsel for each side will be allotted 20 minutes to present oral argument.

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Tuesday, April 25, 2017

9:30 a.m.:

United States v.	Ernest M. Ramos	No. 17-0143/CG
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Lieutenant Jason W. Roberts, USCG (brief)
Counsel for Appellee:  Lieutenant Sharyl L. Pels, USCG (brief)

Case Summary: SPCM conviction of conspiracy, possessing marijuana, and making a false official statement. Granted issue questions whether Appellant was entitled to Article 31(b), UCMJ, warnings at any point during his interrogation by CGIS, and if so, whether he was prejudiced by the admission of any of his statements.

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

Followed by:

United States v.	Mitchell L. Brantley	No.17-0055/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Matthew L. Jalandoni, JA, USA (brief)
                                             ---------------------------------- (reply brief)
Counsel for Appellee:  Maj Melissa Dasgupta Smith, JA, USA (brief)

Case Summary: GCM conviction of abusive sexual contact. Granted issue questions whether the government proved beyond a reasonable doubt that Appellant knew or reasonably should have known that SR was "otherwise unaware" of sexual contact.

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

1:00 p.m.:

United States v.	Tanner J. Forrester	No. 17-0049/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant:  Maj Benjamin A. Robles, USMC (brief)
                                             ----------------------------- (reply brief)
Counsel for Appellee:   LCDR Justin C. Henderson, JAGC, USN
                                                 ----------------------------------- (brief)

Case Summary: GCM conviction of possession of child pornography. Granted issue questions whether punishing the same transaction of obtaining child pornography with four convictions unreasonably exaggerates Appellant's criminality and triples his punitive exposure, constituting an unreasonable multiplication of charges.

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