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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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Wednesday, September 12, 2018

3:00 p.m.:

United States v.	Jeffrey G. Eugene	No. 18-0209/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Benjamin A. Accinelli, USA (brief)
                                            ----------------------------- (reply brief)
Counsel for Appellee:  Capt Marc B. Sawyer, USA (brief)

Case Summary: GCM conviction of attempt to view child pornography and attempted child abuse. Granted issues question: 1) whether Appellant's request to Criminal Investigation Command (CID) that his cell phone be returned was a withdrawal of the third party consent to search given by Appellant's wife in Appellant's absence; and 2) whether the Army Court erred in determining the applicability of the inevitable discovery doctrine where (1) the CID agents failed to take any steps to obtain a warrant and (2) the case took a "dead-end" until the warrantless search.

NOTE: This case will be heard as a Project outreach case. Upon invitation of Chief Judge and Judges of the United States District Court for the Southern District of New York, and in conjunction with the Annual Meeting and Convention of the Federal Bar Association, the hearing will be held at the Honorable John F. Keenan Ceremonial Courtroom, located on the 9th floor, 500 Pearl Street, New York, New York.

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Thursday, September 13, 2018

11:00 a.m.:

United States v.	Andrew J. Criswell	No. 18-0091/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Cody Cheek, USA (brief) (reply brief)
Counsel for Appellee:  Capt Natanyah Ganz, USA (brief)

Brief of Amicus Curiae -- Deborah Ogali, Rachel L. Goot, and
J. Andrew Kent

Brief of Amicus Curiae -- Wendy Chiapaikeo, Margaret Tomlinson, and Thomas H. Lee

Case Summary: GCM conviction of abusive sexual contact, assault/battery, indecent language, and false official statement. Granted issue questions whether the military judge abused his discretion in denying a defense motion to suppress the accusing witness's in-court identification of Appellant.

NOTE: This case will be heard as a Project Outreach case at the Fordham University School of Law in New York, NY. Counsel for each side will be allotted 20 minutes to present oral argument.