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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, December 7, 2021

9:30 a.m.:

United States v.	Frantz Beauge	No. 21-0183/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LCDR Megan P. Marinos, JAGC, USN
                                                ------------------------------- (redacted brief)
                                                ------------------------------------ (reply brief) Counsel for Appellee:  Maj Clayton L. Wiggins, USMC (redacted brief)

Brief of Amicus Curiae -- Peter Coote

Case Summary: GCM conviction of sexual abuse of a child. Granted issue is did the lower court create an unreasonably broad scope of the psychotherapist-patient privilege by affirming the military judge's denial of discovery, denying remand for in camera review, and denying Appellant's claim of ineffective assistance of counsel?

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

10:45 a.m.:

United States v.	Joseph R. Nelson	No. 21-0216/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: Maj Anthony M. Grzincic, USMC (brief)
                                                 ------------------------- (reply brief)
Counsel for Appellee:  LT Megan E. Martino, JAGC, USN (brief)    

Case Summary: GCM conviction of unauthorized absence, conduct unbecoming, and patronizing prostitutes. Granted issue is after the military judge determined that NCIS agents violated Article 31(b) because their rights advisement did not properly orient Appellant to the nature of the suspected misconduct, did the military judge err by only suppressing the statement as it related to one specific offense, but then allowing the evidence to be admitted for the remainder of the offenses?

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

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Wednesday, December 8, 2021

9:30 a.m.:

United States v.	Chase T. Miller	No. 21-0222/NA
(Appellant)	(Appellee)	(audio -- mp3 wma)

Counsel for Appellant: LT Catherine M. Crochetiere, JAGC, USN
                                                ------------------------------------- (brief)
                                                ------------------------------ (reply brief)
Counsel for Appellee:  LT Megan E. Horst, JAGC, USN (brief)

Case Summary: GCM conviction of violating a general order, making a false official statement, and wrongful use of a controlled substance. Certified issues question: (1) did the lower court err in finding the convening authority abused his discretion under R.C.M. 1109 by acting after Appellee submitted R.C.M. 1106 clemency matters but before the military judge issued his written post-trial ruling?; (2) did the lower court err in finding that the staff judge advocate's review was uninformed under R.C.M. 1109 where the review was completed after Appellee submitted R.C.M. 1106 matters and review of the military judge's post-trial ruling was not required under R.C.M. 1109?; and (3) did the lower court err in finding that the post-action written ruling was a substantial omission where the ruling was not an R.C.M. 1106 matter and nothing the new rules required the convening authority to consider the ruling prior to taking action under R.C.M. 1109 even if included in the record of trial?

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

10:45 a.m.:

United States v.	David C. Tate	No. 21-0235/AR
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CPT Lauren M. Teel, JA, USA (brief)
Counsel for Appellee:  CPT Dustin L. Morgan, JA, USA (brief)    

Case Summary: GCM conviction aggravated assault. Granted issue is whether the transcript of Appellant's trial is substantially verbatim.

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