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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, May 21, 2019

9:30 a.m.:

United States v.	Luke D. English	No. 19-0050/AR
(Appellee)	(Appellant)	(*audio -- wma mp3)

Counsel for Appellant: CPT Heather M. Martin, JA, USA (brief)
                                                --------------------------- (reply brief)
Counsel for Appellee:  CPT KJ Harris, JA, USA (brief)    

Case Summary: GCM conviction of rape, attempted rape, sexual assault, assault consummated by a battery, kidnapping, communicating a threat, and obstruction of justice. Granted issue questions whether the Army Court of Criminal Appeals can find the unlawful force, as alleged, factually insufficient and still affirm the finding based on a theory of criminality not presented at trial.

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

Followed by:

United States v.	Jeremy N. Navarette	No. 19-0066/AR
(Appellee)	(Appellant)	(*audio -- wma mp3)

Counsel for Appellant: CPT Zachary A. Gray, JA USA (brief)
                                                ------------------------ (reply brief)
Counsel for Appellee:  CPT Lauryn Danielle Carr, JA, USA (brief)    

Case Summary: GCM conviction of wrongful distribution of cocaine. Granted issues question (1) whether the Army Court erroneously denied appellant a post-trial R.C.M. 706 inquiry by requiring a greater showing than a non-frivolous, good faith basis articulated by United States v. Nix, 15 C.M.A. 578, 582, 36 C.M.R 76, 80 (1965); and (2) whether the Army Court erred when it held that submitting matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), was evidence of Appellant's competence during appellate proceedings.

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

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Wednesday, May 22, 2019

9:30 a.m.:

United States v.	Deontray D. Coleman	No. 19-0087/AR
(Appellee)	(Appellant)	(*audio -- wma mp3)

Counsel for Appellant: MAJ Zachary Szilagyi, JA, USA (brief)
                                                ------------------------- (reply brief)
Counsel for Appellee:  CPT Marc Sawyer, JA, USA (brief)    

Case Summary: GCM conviction of attempted murder, failure to go, disrespect to a commissioned officer, disrespect to an NCO, disobeying a lawful order, and wrongfully and willfully discharging a firearm under circumstances to endanger human life. Granted issue questions whether specification 1 of charge VII is multiplicious with specification 1 of charge I, as they are part of the same transaction.

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

Followed by:

United States v.	Ralph J. Hyppolite, II.	Nos. 19-0119/AF & 19-0197/AF
(Appellee/ Cross-Appellant)	(Appellant/ Cross-Appellee)	(*audio -- wma mp3)

Counsel for Appellant/Cross-Appellee: William E. Cassara, Esq.
                                                       (brief) (Cross-Appellee brief)
Counsel for Appellee/Cross-Appellant:
    Capt Michael T. Bunnell, USAF -- (brief) (Cross-Appellant brief)
                                                    ----- (Cross-Appellant reply brief)

Case Summary: GCM conviction of sexual assault and abusive sexual contact. Granted issue questions whether the military judge's erroneous admission of evidence regarding specifications 1, 2, and 3 as a common plan or scheme for specifications 4 and 5 was harmless. Certified issue questions: did the Air Force Court of Criminal Appeals err when it found the military judge abused his discretion by ruling that the evidence regarding specifications 1, 2, and 3 could be considered as evidence of a common plan or scheme for specifications 4 and 5.

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