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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, October 23, 2018

9:30 a.m.:

United States v.	Darion A. Hamilton	No. 18-0135/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Todd M. Swensen, USAF (brief)
                                            ----------------------------- (reply brief)
Counsel for Appellee:  Capt Michael T. Bunnell, USAF (brief)

Case Summary: GCM conviction of distribution of child pornography and possession of child pornography. Granted issues question: (1) are victim impact statements admitted pursuant to R.C.M. 1001A evidence subject to the Military Rules of Evidence? And (2) whether the military judge erred in admitting prosecution exhibits 4, 5, and 6.

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

Followed by:

United States v.	James M. Hale	No. 18-0162/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Maj Allen S. Abrams, USAF (brief) (reply brief)
Counsel for Appellee:  Capt Peter F. Kellett, USAF (brief)

Case Summary: GCM conviction of falsifying an official record, attempted larceny and larceny of military property. Granted issues question: (1) the lower court found as a matter of law that personal jurisdiction does not exist outside of the hours of inactive-duty training. The lower court proceeded to find personal jurisdiction existed over Appellant because he was "staying" with his in-laws. Was this error? and (2) whether the lower court erred when it concluded the military judge correctly instructed the members they could convict Appellant for conduct "on or about" the dates alleged in each specification, and (3) Issue specified by the court: whether the lower court erred in concluding the court-martial had jurisdiction over specification 2 of additional charge 1, as modified to affirm the lesser included offense of attempted larceny.

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

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Wednesday, October 24, 2018

9:30 a.m.:

United States v.	Steven M. Tucker	No. 18-0254/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Capt Timothy G. Burroughs, USA (brief)
                                            ----------------------------- (reply brief)
Counsel for Appellee:  Capt Jessika M. Newsome, USA (brief)

Case Summary: GCM conviction of conspiracy to obstruct justice, sexual assault, unlawfully providing alcohol to a person under the age of twenty-one, and obstruction of justice. Granted issue question whether the Army Court erred in holding that the minimum mens rea required under clauses 1 and 2 of Article 134, UCMJ, to separate wrongful from innocent conduct is simple negligence.

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