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


Tuesday, October 7, 2025

10:00 a.m.:

United States v.

Michael S. Malone, Jr. Nos. 25-0140/AR
(Appellant) (Appellee) (audio -- mp3)

Counsel for Appellant: MAJ Vy T. Nguyen, USA (brief)
Counsel for Appellee:  CPT Andrew Moore, USA (brief)

Case Summary: On 17 April 2025, the Judge Advocate General of the Army (Acting) filed a certificate for review of Appellee's case pursuant to Art. 67(a), UCMJ, asking the Court to address: (1) whether the Army Court erred in finding Appellant did not affirmatively waive multiplicity where counsel stated defense had no motions before entering unconditional guilty pleas and declined additional inquiry into matters relevant to the unit of prosecution; and (2) whether the Army Court erred in finding Appellant's convictions under Article 128b(1), UCMJ, facially duplicative when the underlying "violent offenses" were assault consummated by battery and aggravated assault.

NOTE: Hearing will be at the 82nd Hall of Heroes, 5108 Ardennes Road, Fort Bragg, North Carolina, as part of the Court's Project Outreach. Counsel for each side will be allotted 20 minutes to present oral argument.


Wednesday, October 8, 2025

10:00 a.m.:

United States v.

Zachary R. Braum No. 25-0046/AF
(Appellee) (Appellant) (audio -- mp3)

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

Counsel for Appellee:  Capt Heather Bezold, USAF (brief)

Case Summary: GCM conviction for rape, sexual assault, abusive sexual contact, domestic violence and reckless operation of an aircraft. Granted issue is can the government properly refuse to disclose relevant, non-privileged data in its possession, custody, and control on the basis that the witness who provided the data gave limited consent with respect to its use? If not, is relief warranted?

NOTE: Hearing will be at the Wake Forest University School of Law, 1965 Wake Forest Road, Winston-Salem, North Carolina, 27016, as part of the Court's Project Outreach. Counsel for each side will be allotted 20 minutes to present oral argument.


Tuesday, October 21, 2025

9:30 a.m.:

United States v.

Nicholas J. Moore No. 25-0010/AF
(Appellant) (Appellee) (audio -- mp3)

Counsel for Appellant: LtCol Thomas J. Alford, USAF (brief)
                                                  --------------------- (reply brief)

Counsel for Appellee:  Maj Megan R. Crouch, USAF (brief)

Case Summary: The Judge Advocate General of the Air Force (Acting) filed a certificate for review of Appellee's case pursuant to Art. 67(a), UCMJ, asking the Court to address whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza, 85 M.J. 213 (C.A.A.F. 2024), to find Appellee's sexual assault conviction legally and factually insufficient.

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

Followed by:

United States v.

William C.S. Hennessey No. 25-0112/AF
(Appellant) (Appellee) (audio -- mp3)

Counsel for Appellant: Maj Kate E. Lee, USAF (brief)
                                                -------------- (reply brief)

Counsel for Appellee:  Maj Heather M. Bruha, USAF (brief)

Case Summary: The Judge Advocate General of the Air Force (Acting) filed a certificate for review of Appellee's case pursuant to Art. 67(a), UCMJ, asking the Court to address whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza, 85 M.J. 213 (C.A.A.F. 2024), to find Appellee's sexual assault conviction factually insufficient.

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


Wednesday, October 22, 2025

9:30 a.m.:

United States v.

Isaac J. Serjak No. 25-0120/AF
(Appellant) (Appellee) (audio -- mp3)

Counsel for Appellant: Mary Ellen Payne, Esq. (brief)
                                                 ------------- (reply brief)

Counsel for Appellee:  Frank J. Spinner, Esq. (brief)

Case Summary: The Judge Advocate General of the Air Force (Acting) filed a certificate for review of Appellee's case pursuant to Art. 67(a), UCMJ, asking the Court to address whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza, 85 M.J. 213 (C.A.A.F. 2024), to find Appellee's sexual assault conviction factually insufficient.

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

Followed by:

United States v.

Zachary C. Rocha No. 25-0157/AF
(Appellant) (Appellee) (audio -- mp3)

Counsel for Appellant: Maj Kate E. Lee, USAF (brief)
Counsel for Appellee:  Maj Megan R. Crouch, USAF (brief)

Case Summary: The Judge Advocate General of the Air Force (Acting) filed a certificate for review of Appellee's case pursuant to Art. 67(a), UCMJ, asking the Court to address: (1) Did the Air Force Court of Criminal Appeals fail to follow this Court's remand instruction by analyzing the purported Lawrence v. Texas, 539 U.S. 558 (2003), liberty interest as "masturbation in solitude, in secret, and in private," instead of "privately engag[ing] in sexual activity with a childlike sex doll"? and (2) Did the Air Force Court of Criminal Appeals err in its application of Lawrence v. Texas, 539 U.S. 558 (2003), and United States v. Marcum, 60 M.J. 198 (C.A.A.F. 2004), to find Appellee's conviction factually insufficient?"

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
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