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


Wednesday, January 17, 2024

9:30 a.m.:

United States v.

Tryvon M. Jones No. 23-0188/AR
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: CPT Tumentugs D. Armstrong, USA (brief)
                                            ---------------------------------- (reply brief)

Counsel for Appellee: CPT Patrick S. Barr, USA (brief)    

Case Summary: GCM conviction for sexual assault of a child, child abuse, and aggravated assault by strangulation. Granted issue is whether the military judge committed prejudicial error by admitting Appellant's post incident browser history as res gestae evidence.

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

Followed by:

United States v.

Michael L. Wilson No. 23-0225/AR
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: CPT Tumentugs D. Armstrong, USA (brief)
                                            ---------------------------------- (reply brief)

Counsel for Appellee:  MAJ Kalin Patrick Schlueter, USA (brief)

Case Summary: GCM conviction for rape of a child, sexual abuse of a child, and sexual assault of a child. Granted issue is whether the military judge committed prejudicial error by admitting Appellant's notebook under Military Rule of Evidence 404(b).

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


Wednesday, January 24, 2024 (Rescheduled from 16 Jan)

9:30 a.m.:

United States v.

Matthew P. Leipart No. 23-0163/AF
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: Capt Samantha M. Castanien, USAF (brief)
                                                  ------------------------------ (reply brief)

Counsel for Appellee: Capt Katie E. Lee, USAF (brief)

Case Summary: GCM conviction for communicating a threat, sexual assault, aggravated assault, and assault and battery. Granted issues are: (1) whether trial defense counsel were ineffective for, inter alia, allowing the military judge to consider Appellant's guilty plea when determining whether Appellant was guilty of the litigated offenses; and (2) whether the trial counsel's "clear error" in findings argument leveraging Appellant's guilty plea to prove his guilt of the litigated offenses was harmless beyond a reasonable doubt.

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

Followed by:

United States v.

Samuel H. Smith No. 23-0207/AF
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: Capt Trevor N. Ward, USAF (brief) (reply brief)
Counsel for Appellee:  Capt Vanessa Bairos, USAF (brief)

Case Summary: GCM conviction for use of marijuana, communicating a threat, breach of peace and assault. Granted issue is whether Appellant's conviction for breach of peace, based exclusively on speech, is legally insufficient and unconstitutional where, inter alia, all parties agree the charged speech did not constitute "fighting words."

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 on 1/17/2024, audio files are in mp3 format. From 1/23/2019 to 12/19/23, audio files were 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