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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, November 5, 2019

9:30 a.m.:

United States v.	Lamont S. Jessie	No. 19-0192/AR
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: CPT Zachary A. Gray, JA, USA (brief)
                                            ---------------------------- (reply brief)
Counsel for Appellee:  CPT Christopher T. Leighton, JA, USA (brief)

Case Summary: GCM conviction of sexual assault of a child, conduct unbecoming an officer and adultery. Granted issues question (1) whether the Army court erred by considering military confinement policies but refusing to consider specific evidence of Appellant's confinement conditions; (2) whether the Army court conducted a valid Article 66 review when it failed to consider Appellant's constitutional claims; and (3) whether Appellant's constitutional rights were violated by a confinement facility policy that barred him from all forms of communication with his minor children without an individualized assessment demonstrating that an absolute bar was necessary.

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

Followed by:

United States v.	Jordan R. Muller	No.19-0230/AF
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: Mark C. Bruegger, Esq. (brief) (reply brief)
Counsel for Appellee:  Capt Peter F. Kellett, USAF (brief)    

Brief of Amicus Curiae -- Navy-Marine Corps Appellate Defense Division

Case Summary: GCM conviction of wrongful use of cocaine, wrongful distribution of cocaine and wrongful use of methlylenedioxymethamphetamine. Granted issues question (1) whether rule 15.5 of the Air Force Court of Criminal Appeals Rules of Practice and Procedure is invalid because it conflicts with the Uniform Code of Military Justice, this Court's precedent, the Joint Courts of Criminal Appeals Rules of Practice and Procedure, the recently updated Joint Rules of Appellate Procedure, and the prior and current appellate rules of the other service Courts of Criminal Appeals; (2) whether the Air Force Court of Criminal Appeals deprived Appellant of his due process right to raise issues on appeal when it denied his timely request to file a supplemental brief on issues arising during remand proceedings; and (3) whether a Court of Criminal Appeals must require certificates of correction to be accomplished, vice accepting documents via a motion to attach, when it finds a record of trial to be incomplete due to a missing exhibit.

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

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Wednesday, November 6, 2019

9:00 a.m.:

United States v.	Nicholas E. Davis	No. 19-0104/AR
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: CPT Joseph C. Borland, JA, USA (brief)
Counsel for Appellee:  CPT Brian Jones, JA, USA (brief)

Case Summary: GCM conviction of failure to obey a lawful general order, false official statement, and indecent recording. Granted issue questions whether the mens rea of "knowingly" applies to the consent element of Article 120c(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 920c(2) (2016).

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

Followed by:

United States v.	Malcolm R. Turner	No.19-0158/AR
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: CPT Zachary A. Gray, JA, USA (brief)
                                            ---------------------------- (reply brief)
Counsel for Appellee:  CPT Rene Tristan De Vega, JA, USA (brief)    

Case Summary: GCM conviction of attempted premeditated murder, maiming, (conditionally dismissed), and conspiracy to commit murder. Granted issue questions whether the specification of Charge I alleging an attempted killing fails to state an offense because it does not explicitly, or by necessary implication, allege the attempted killing was unlawful.

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