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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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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.

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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.