YOU ARE HERE: HOME > HEARING CALENDAR > OCTOBER 2020 TERM > MAY 2021

United States Court of Appeals
for the Armed Forces
450 E Street, Northwest Washington D.C. 20442-0001

---

Tuesday, May 25, 2021

9:30 a.m.:

United States v.	John T. Long	No. 21-0085/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: William E. Cassara, Esq. (brief) (reply brief)
Counsel for Appellee:  CPT Samantha E. Katz, JA, USA (brief)

Case Summary: GCM conviction for rape of a child, assault consummated by a battery upon a child, and child endangerment. Granted issues question whether (1) the lower court erred in concluding that the impermissible use of charge sexual misconduct as propensity evidence was harmless beyond a reasonable doubt, (2) Appellant's conviction for rape of a child was legally sufficient where the government presented no evidence of the charged sexual act, and (3) the lower court abused its discretion in reassessing the sentence.

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

10:45 a.m.:

United States v.	Jesse M. Thompson	No. 21-0111/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Thomas J. Travers, JA, USA (brief)
                                                     ------------------------ (reply brief)
Counsel for Appellee:  MAJ Anthony A. Contrada, JA, USA (brief)    

Case Summary: GCM conviction for adultery and solicitation of the production of child pornography. Granted issue questions whether Appellant is entitled to relief under R.C.M. 914 [Production of statements of witnesses].

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

1:00 p.m.:

United States v.	Craig R. Becker	No. 21-0236/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CAPT Marcus Fulton, JAGC, USN
                                                ---------- (supplement) (reply)
Counsel for Appellee:  Maj Kerry E. Friedewald, USMC (answer)    

Case Summary: At a GCM, Appellant has been charged with premeditated murder, assault consummated by battery, and conduct unbecoming an officer and gentleman. The MJ denied a government motion to admit statements due to forfeiture by wrongdoing and waiver by conduct, thereby excluding multiple statements of the deceased victim. On two occasions, the lower court vacated the MJ's ruling and ruled the statements admissible. The granted issue questions whether the lower court erred in its abuse of discretion analysis by failing to give the trial judge's findings of fact deference, substituting its own discretion for the military judge's, and engaging in fact-finding beyond the scope of Article 62 review.

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

---

Wednesday, May 26, 2021

9:30 a.m.:

United States v.	Salvador Jacinto	No. 20-0359/NA
(Appellee)	(Appellant)	(*audio -- mp3 wma)

Counsel for Appellant: LT Michael W. Wester, JAGC, USN
                                                -------------------- (redacted brief)
                                                ------------------------- (reply brief)
Counsel for Appellee:  Maj Clayton L. Wiggins, USMC
                                                -------------------- (redacted brief)

Brief of Amicus Curiae -- Protect Our Defenders

Case Summary: GCM conviction for rape of a child, sexual abuse of a child, and child endangerment. Granted issues question whether (1) the military judge abused his discretion by denying Appellant's first continuance request after the government disclosed only days before trial that the complaining witness likely suffered from a psychotic condition, and (2) the military judge abused his discretion by denying a defense motion for in camera review of the complaining witness's mental health records.

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

* Due to a power failure, four minutes around midway of this hearing are missing in the audio file.

10:45 a.m.:

United States v.	Robert J. Hernandez	No. 21-0137/AF
(Appellant)	(Appellee)	(audio -- mp3 wma)

Counsel for Appellant: Mary Ellen Payne, Esq. (brief)
                                          -------------------- (reply brief)
         (motion granted to correct briefs -- motion with corrections)
Counsel for Appellee:  Maj Jenna M. Arroyo, USAF (brief)    

Case Summary: GCM conviction for wrongful use of cocaine. Granted issues question whether (1) Appellee waived a challenge to the search authorization for his urine on the basis of knowing and intentional falsity or reckless disregard for the truth, and (2) the military judge properly admitted evidence of Appellee's urinalysis.

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