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


Tuesday, May 20, 2025

9:30 a.m.:

United States v.

Jakalien J. Cook No. 24-0221/AF
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: Capt Michael J. Bruzik, USAF (brief)
                                                  --------------------- (reply brief)

Counsel for Appellee:  Capt Tyler L. Washburn, USAF (brief)    

Case Summary: GCM conviction for absence without leave, breach of restriction, wrongful use of a controlled substance (marijuana) on divers occasions, illegally transporting aliens within the United States, conspiring to transport aliens within the United States, and obstruction of justice. Granted issues question: (1) whether Appellant's convictions for transporting aliens and conspiring to transport aliens are factually sufficient; (2) whether the lower court erroneously interpreted and applied the amended factual sufficiency standard under Article 66(d)(1)(B), UCMJ; (3) whether an Appellant can waive the military judge's incorrect maximum punishment calculation that tripled Appellant's punitive exposure; and (4) whether the military judge erred in calculating the maximum punishment for the offense of illegally transporting aliens as a violation of 8 U.S.C. §1342.

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

Followed by:

United States v.

Douglas M. Folts No. 25-0043/AF
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: Terri R. Zimmermann, Esq. (brief)
Counsel for Appellee:  Mary Ellen Payne, Esq. (brief)

Case Summary: GCM conviction for sexual abuse of a child by communicating indecent language. Granted issue for oral argument questions whether the Air Force Court of Criminal Appeals lacked jurisdiction to review Appellant's case.

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


Wednesday, May 21, 2025

9:30 a.m.:

United States v.

Brandon Z. Miller No. 25-0025/AR
(Appellee) (Appellant) (audio -- mp3)

Counsel for Appellant: CPT Andrew W. Moore, JA, USA (brief)                                                 -------------------------- (reply brief)
Counsel for Appellee:  CPT Nicholas A. Schaffer, JA, USA (brief)

Brief of Amicus Curiae -- Air Force Appellate Defense Division

Case Summary: GCM conviction for sexual assault without consent and willfully disobeying a superior commissioned officer. Granted issue questions whether the total closure of the court over Appellant's objection violated his right to a public trial.

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