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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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Thursday, March 22, 2018

9:30 a.m.:

United States v.	Erik J. Burris	No. 17-0605/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Zachary Spilman, Esq. (brief) (reply brief)
Counsel for Appellee:  Maj Cormac M. Smith, JA, USA (brief)

Case Summary: GCM conviction of willfully disobeying a superior commissioned officer, rape, sodomy, and assault consummated by a battery. Granted issue questions: Citing rules for courts-martial 905(c), and 919(c), the Army Court held that the failure of Appellant's trial defense counsel to object to improper character evidence and improper argument waived any error. This Court, however, treats such failures as forfeiture and tests for plain error. Which Court is right?

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

Followed by:

United States v.	Keith E. Barry	No. 17-0162/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: David P. Sheldon, Esq. (brief) (reply brief)
Counsel for Appellee:  LT Megan P. Marinos, JAGC, USN (brief)    

Case Summary: GCM conviction of sexual assault. Granted issue as modified questions whether military officials exerted actual unlawful command influence on the convening authority or created the appearance of doing so. Specified issue questions whether a Deputy Judge Advocate General can commit unlawful command influence under Article 37, UCMJ, 10 U.S.C. § 837 (2012).

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

2:00 p.m.:

United States v.	Joseph R. Armstrong	No. 17-0556/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Joshua B. Fix, JA, USA (brief)
                                            -------------------------------- (reply brief)
Counsel for Appellee:  Capt Cassandra M. Resposo, JA, USA (brief)    

Case Summary: GCM conviction of assault consummated by battery. Granted issue questions whether assault consummated by battery is a lesser included offense of abusive sexual contact by causing bodily harm.

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

Followed by:

United States v.	Eric F. Kelly	No. 17-0559/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Zachary Spilman, Esq. (brief) (reply brief)
Counsel for Appellee:  Capt Joshua B. Banister, JA, USA (brief)

Brief of Amicus Curiae -- Air Froce Appellate Defense Division

Brief of Amicus Curiae -- Navy-Marine Corps Appellate Defense Division

Case Summary: GCM conviction of abusive sexual contact and sexual assault. Granted issue questions whether a Court of Criminal Appeals has the authority to disapprove a mandatory minimum punitive discharge. Additional issue specified by the Court: In light of this Court's decisions in United States v. Sewell, 76 M.J. 14 (C.A.A.F. 2017) and United States v. Pabelona, 76 M.J. 9(C.A.A.F. 2017) did the lower Court err when it determined the standard of review was waiver when there was no objection to improper argument?

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