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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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Monday, March 16, 2020

9:30 a.m.:

United States v.	Krishil S. Prasad	No. 19-0412/AF
(Appellee)	(Appellant)	(No audio available*)

Counsel for Appellant: David P. Sheldon, Esq. (brief)
                                        --------------------- (reply brief)
Counsel for Appellee:  Capt Jessica L. Delaney, USAF (brief)

Case Summary: GCM conviction of sexual assault and abusive sexual contact. Granted issue questions whether the Air Force Court erred in its first review of Appellant's case by affirming the findings of guilt for specifications 1 and 3 of charge 1 when it found prejudicial error as a result of a Hills violation.

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

Followed by:

United States v.	Michael J. Rich	No.19-0425/AF
(Appellee)	(Appellant)	(No audio available*)

Counsel for Appellant: Capt David A. Schiavone, USAF (brief)
                                        --------------------------------- (reply brief)
Counsel for Appellee:  Capt Kelsey B. Shust, USAF (brief)    

Case Summary: GCM conviction of sexual assault. Granted issues question (1) did the Court of Criminal Appeals err when it found that mistake of fact as to consent is not a special defense "in issue" for the offense of sexual assault by inducing a belief by concealment that Appellant was someone else?; and (2) if mistake of fact was not a special defense "in issue," did the military judge abuse his discretion by denying the defense request for an instruction on mistake of fact?

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

* Due to a broken network connection, today's audio hearing recordings for U.S. v. Prasad (19-0412/AF) and U.S. v. Rich (19-0425/AF) have been lost.

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Tuesday, March 17, 2020

9:30 a.m.:

United States v.	Nicholas S. Baas	No. 19-0377/MC
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: LT Daniel E. Rosinski, JAGC, USN (brief)
Counsel for Appellee:  LT Joshua C. Fiveson, JAGC, USN (brief)

Case Summary: GCM conviction of making a false official statement, rape of a child, wrongfully producing child pornography, wrongfully distributing child pornography, and conspiracy. Granted issues question: (1) did admission of an allegedly positive Diatherix Laboratories test for gonorrhea without testimony at trial of any witness from Diatherix violate the Sixth Amendment confrontation clause?; and (2) did the lower court abuse its discretion in admitting an alleged positive Diatherix test result for gonorrhea in a child's rectal swab-where Diatherix failed to follow its own procedures and the result was of near zero probative value?

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

Followed by:

United States v.	Antonio T. Moore	No.20-0119/AR
(Appellant)	(Appellee)	(*audio -- mp3 wma)

Counsel for Appellant: CPT Allison L. Rowley, JA, USA (brief)
                                             ---------------------------- (reply brief)
Counsel for Appellee:  CPT Benjamin A. Accinelli, JA, USA (brief)    

Case Summary: Upon remand from the Army Court of Criminal Appeals, a rehearing was authorized at a GCM for 5 specifications of sexual assault. The Judge Advocate General of the Army has certified the question of whether the Army Court erred in determining that two remaining specifications, as amended, were fully or partially barred by the statute of limitations.

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