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


Tuesday, May 10, 2022

9:30 a.m.:

United States v.

Manuel Palacios Cueto No. 21-0357/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Maj. Sara J. Hickmon, USAF (brief)
                                                  -------------------- (reply brief)

Counsel for Appellee:  Maj Cortland T. Bobczynski (brief)

Case Summary: GCM conviction for abusive sexual contact. Granted issues question whether (1) trial defense counsel were ineffective, and (2) trial counsel committed prosecutorial misconduct when they stated that they represented "the pursuit of justice" and argued justice would only be served if appellant was convicted and adjudged a sufficient punishment.

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


Followed by:

United States v.

Javon C. Richard No. 22-0091/AF
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: Maj. Matthew L. Blyth, USAF (brief)
                                                  -------------------- (reply brief)
Counsel for Appellee:  Maj Brittany M. Speirs (brief)

Case Summary: GCM conviction for assault and battery, possession of child pornography, distribution of child pornography, and production of child pornography. Granted issue questions whether the evidence of prejudice to good order and discipline for the Article 134, UCMJ, offenses was legally sufficient.

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


Tuesday, May 24, 2022

9:30 a.m.:

United States v.

Leeroy M. Sigrah No. 21-0325/AR
(Appellee) (Appellant) (audio -- mp3 wma)

Counsel for Appellant: CPT David D. Hamstra, JA, USA (brief)
                                                  -------------------------- (reply brief)

Counsel for Appellee:  CPT R. Tristan C. De Vega, JA, USA (brief)

Case Summary: GCM conviction for sexual assault. Granted issues question whether the military judge's denial of Appellant's R.C.M. 914 motions materially prejudiced appellant's substantial rights.

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


Followed by:

United States v.

David J. Rudometkin No. 22-0105/AR
(Appellant) (Appellee) (audio -- mp3 wma)

Counsel for Appellant: MAJ Dustin L. Morgan, JA, USA (brief)
                                                  ------------------------- (reply brief)
Counsel for Appellee:  Philip D. Cave, Esq. (brief)

Brief of Amicus Curiae -- National Institute of Military Justice

Case Summary: GCM conviction for rape, assault and battery, sexual assault, and conduct unbecoming an officer. Granted issues question whether (1) the Army Court erred by not properly considering the military judge's post-trial 39(a) proceedings relating to Appellant's request for mistrial, and (2) the military judge clearly abused his discretion when he did not grant a mistrial and found that relief was not warranted under Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988).

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

 


Hearings have been scheduled on the following dates.

All scheduled hearings will include case summaries. These hearings will be held in the courtroom located on the second floor of the Courthouse, 450 E Street, Northwest, Washington, D.C. 20442-0001, unless otherwise noted.

Audio recordings of hearings normally will be available on this page the day following the hearing.

* Starting with 1/23/2019 hearings, audio files are in two formats -- wma (Windows Media Player (Microsoft)) and mp3.

 

 
United States Court of Appeals for the Armed Forces • 450 E Street, NW Washington, DC 20442-0001
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax