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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, February 8, 2022

9:30 a.m.:

United States v.	Christopher J. Nelson	No. 21-0304/MC
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: CDR Jonathan Riches, JAGC, USNR (brief)
                                                --------------------------------- (reply brief)
Counsel for Appellee:  LT R. Blake Royall, JAGC, USN
                                                 ---------------------------- (redacted brief)

Case Summary: GCM conviction for conspiracy to distribute a controlled substance, conspiracy to introduce controlled substance, distributing LSD, distributing cocaine, introducing cocaine with intent to distribute, use of psilocybin, use of cocaine and use of LSD. Granted issue is did the military judge and the court below err in finding that Appellant voluntarily provided his smart phone passcode to law enforcement when the law enforcement official conducting the interrogation asserted that he possessed a search authorization for the phone and Appellant only provided his passcode because Appellant believed he had "no choice."

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

10:45 a.m.:

United States v.	Wendell E. Mellette, Jr.	No. 21-0312/NA
(Appellee)	(Appellant)	(audio -- mp3 wma)

Counsel for Appellant: LCDR Michael W. Wester, JAGC, USN
                                                 ------------------------- (redacted brief)
                                                 ------------------ (redacted reply brief)
                                                 - (redacted brief on specified issue)
Counsel for Appellee:  LCDR Jeffrey S. Marden, JAGC, USN
                                                 ------------------------- (redacted brief)
                                                 - (redacted brief on specified issue)  

Brief of Amicus Curiae -- United States Navy, Marine Corps, and Coast Guard Victims' Legal Counsel & Special Victims' Counsel Programs

Brief of Amicus Curiae -- Patient/Victim S.S.

Brief of Amicus Curiae on Specified Issue -- Patient/Victim S.S.

Case Summary: GCM conviction for sexual abuse of a child. Granted issues are: I. M.R.E. 513 extends the psychotherapist-patient privilege to a "confidential communication" between patient and psychotherapist or assistant. Did the lower court err by concluding diagnoses and treatment are also subject to the privilege, invoking the absurdity doctrine? II. Did the NMCCA depart from Supreme Court and CAAF precedent by not reviewing the evidence at issue-diagnoses and treatment, including prescriptions-in concluding: (1) the mental health evidence was both prejudicial and non-prejudicial; and (2) failure to produce it was harmless beyond a reasonable doubt where the unknown evidence could have negated the evidence the NMCCA claimed to be "overwhelming" evidence?

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

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Wednesday, February 9, 2022 (case to be rescheduled)

9:30 a.m.:

United States v.	Brandon M. Horne	No. 21-0360/AF
(Appellee)	(Appellant)

Counsel for Appellant: Capt David L. Bosner, USAF (brief)
                                                  -------------------- (reply brief)
Counsel for Appellee:  Capt Cortland T. Bobczynski, USAF (brief)

Case Summary: GCM conviction for sexual assault. Granted issue questions whether the conduct of the trial counsel and special victim's counsel created an intolerable strain on the public's perception of the military justice system.

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