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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, January 22, 2019

9:30 a.m.:

United States v.	Graham H. Smith	No. 18-0211/AR
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: William E. Cassara, Esq. (brief) (reply brief)
Counsel for Appellee:  Capt Meredith M. Picard, JA, USA (brief)    

Case Summary: GCM conviction of sexual misconduct. Granted issues question (1) whether the military judge abused her discretion in denying a defense motion to suppress evidence obtained from Appellant's cellular telephone because access to the contents of the Iphone would not have been available but for the government's illegal search and the good faith doctrine would be inapplicable under the circumstances; and (2) whether the Army Court of Criminal Appeals erred in deeming the insufficient nexus issue waived because there was no deliberate decision not to present a ground for potential relief but instead only a failure to succinctly articulate the grounds upon which relief was sought.

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

Followed by:

United States v.	Calvin E. Perkins	No. 18-0365/MC
(Appellee)	(Appellant)	(audio)

Counsel for Appellant: LCDR William L. Geraty, JAGC, USN                                                     ---------------- (brief) (reply brief)
Counsel for Appellee:  LT Kurt W. Siegal, JAGC, USN (brief)    

Case Summary: GCM conviction of violation of a general order, and conspiracy to commit the offense of larceny. The certified issues question (1) whether this Court's holding in United States v. Carter as applied by the Navy-Marine Corps Court of Criminal Appeals in this case, instead of the plain reading of MRE 311(c) this Court applied in United States v. Hoffman, controls in analyzing the applicability of the good faith exception to the exclusionary rule; and (2) whether the military judge erred in denying a defense motion to suppress evidence obtained from a search of Appellant's home.

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

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Wednesday, January 23, 2019

9:30 a.m.:

United States v.	Lawrence G. Hutchins III	No. 18-0234/MC
(Appellee)	(Appellant)	(*audio -- wma mp3)

Counsel for Appellant: LTCol S. Babu Kaza, USMC (brief)
                                              ----------------------- (reply brief)
Counsel for Appellee:  LT Kimberly Rios, JAGC, USN (brief)    

Case Summary: GCM conviction of conspiracy, unpremeditated murder and larceny. Granted issue questions whether the military judge erred when he denied the defense motion to suppress evidence of conduct for which Appellant had been acquitted at his first trial.

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

Followed by:

United States v.	Scott A. Meakin	No. 18-0339/AF
(Appellee)	(Appellant)	(*audio -- wma mp3)

Counsel for Appellant: Maj Mark C. Bruegger, USAF (brief)
                                            -------------------------- (reply brief)
Counsel for Appellee:  Capt Michael T. Bunnell, USAF (brief)    

Case Summary: GCM conviction of conduct unbecoming an officer and a gentleman. Granted issue questions whether Appellant's conviction for engaging in anonymous, private, and consensual communications with an unknown partner(s) in the privacy of his home was legally sufficient.

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