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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 6, 2024

9:30 a.m.:

United States v.	Mark J. Grijalva	No. 23-0215/CG
(Appellee)	(Appellant)	(audio -- mp3)

Counsel for Appellant: LT Schuyler B. Millham, USCG (brief)
                                            --------------------------- (reply brief)
Counsel for Appellee:  LT Elizabeth Ulan, USCG (brief)

Case Summary: GCM conviction for false official statement, obstructing justice, unauthorized access, broadcasting an intimate image, accessing a computer application with intent to defraud, false or unauthorized pass offense, and creating a profile with intent to defraud. Granted issue is whether the unenumerated Article 134, UCMJ, offense charged in Specification 2 of Charge III is preempted by Article 117a, UCMJ, which Congress enacted to address the wrongful broadcast or distribution of intimate visual images.

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

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Wednesday, February 7, 2024

9:30 a.m.:

United States v.	Jonel H. Guihama	No. 23-0085/AF
(Appellee)	(Appellant)	(audio -- mp3)

Counsel for Appellant: Ms. Catherine M. Cherkasky, Esq.
                                            ----------------------------- (redacted brief)
                                            ---------------------------------- (reply brief)
Counsel for Appellee: Col Zachary Eytalis, USAF (brief)    

Case Summary: GCM convictions for possession of child pornography, viewing child pornography, distribution of child pornography, aggravated sexual abuse of a child, and aggravated sexual contact with a child. Granted issue is whether the military judge abused her discretion by admitting a confession that was not trustworthy because it lacked sufficient corroboration.

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

Followed by:

United States v.	Jeremy J. Stradtmann	No. 23-0223/AF
(Appellee)	(Appellant)	(audio -- mp3)

Counsel for Appellant: Maj Jarett Merk, USAF (brief) (reply brief)
Counsel for Appellee:  Capt Jocelyn Q. Wright, USAF (brief)

Case Summary: GCM conviction for simple assault, assault and battery, communication of a threat, endangering the mental health of a child, aggravated assault with a gun, and assault and battery of a child. Granted issue is whether recklessness is the requisite mens rea to sustain a conviction for the presidentially promulgated offense of child endangerment under Article 134, UCMJ of the 2016 Manual for Courts-Martial.

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

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Tuesday, February 27, 2024 (Rescheduled from 6 February)

9:30 a.m.:

United States v.	Bradley M. Metz	No. 23-0165/MC
(Appellee)	(Appellant)	(audio -- mp3)

Counsel for Appellant: Capt Colin W. Hotard, USMC (brief)                                                 ---------------------- (reply brief)
Counsel for Appellee: Maj Candace G. White, USMC (brief)

Case Summary: GCM conviction for arson, housebreaking, and unlawful entry. Granted issues are: I. Was Appellant a suspect, triggering Article 31(b), UCMJ, warnings? II. Despite finding Appellant was illegally apprehended, did the lower court erroneously apply Brown v. Illinois, 422 U.S. 590 (1975), and find the trial defense counsel's admitted failure to move to suppress evidence derived after the apprehension was not ineffective?

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