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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, December 4, 2018

8:00 a.m.:

United States v.	Paul E. Cooper	No. 18-0282/NA
(Appellant)	(Appellee)	(audio)

Counsel for Appellant: Major Kelli Amber O'Neil, USMC (brief)
                                            ----------------------------- (reply brief)
Counsel for Appellee:  Major Maryann McGuire, USMC (brief)

Case Summary: GCM conviction of sexual assault and abusive sexual contact. Certified issues question: did the lower court err not finding waiver of the right to request individual military counsel where Appellee was advised of his right to request an individual military counsel, agreed he understood the right but wanted instead to be represented by trial defense counsel, and made no motion for individual military counsel; did the lower court err in not applying the Strickland ineffective assistance test where the government and trial judge played no part in the defense's failure to request individual military counsel, and if so, did Appellee suffer ineffective assistance of counsel; if Strickland does not apply, did the lower court correctly find Appellee was deprived of his statutory right to request individual military counsel; did the lower court err in its prejudice analysis for Appellee's asserted deprivation of his statutory right to individual military counsel when Appellee did not preserve the issue at trial, raised the issue for the first time on appeal, and has alleged no specific prejudice.

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

9:00 a.m.:

United States v.	Lamar A. Forbes	No. 18-0304/NA
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Robert A. Feldmeier, Esq. (brief) (reply brief)
Counsel for Appellee:  Brian K. Keller, Esq. (brief)

Brief of Amicus Curiae -- OutServe-SLDN, Inc.

Case Summary: GCM conviction of making a false official statement, sexual assault causing bodily harm, assault consummated by a battery, and infected sexual battery (assimilated offense). Granted issue questions whether the NMCCA erred in holding that Appellant was provident to sexual assault by bodily harm due to his failure to inform his sexual partners of his HIV status.

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

10:00 a.m.:

United States v.	Michael J.D. Briggs	No. 16-0711/AF
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Stephen I. Vladeck, Esq. (brief) (reply brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)

Case Summary: GCM conviction of rape. On remand from the Supreme Court of the United States, the granted issues question: does the 2006 amendment to Article 43, UCMJ, clarifying that rape is an offense with no statute of limitations, apply retroactively to offenses committed before enactment of the amendment but for which the then extant statute of limitations had not expired; and can Appellant successfully raise a statute of limitations defense for the first time on appeal.

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

11:00 a.m.:

United States v.	Norman R. Stout	No. 18-0273/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: Captain Timothy G. Burroughs, USA (brief)
                                           ------------------------------------ (reply brief)
Counsel for Appellee:  Captain Sandra L. Ahinga, USA (brief)

Case Summary: GCM conviction of abusive sexual contact with a child, indecent liberties with a child, sodomy with a child, and assault with intent to commit rape. Granted issue questions whether the government made major changes to the time frame of three offenses, over defense objection, and failed to prefer them anew in accordance with Rule for Courts-Martial 603.

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