Oral Argument Audio Podcast

Argued on Thursday, August 8, 2019, at the University of  California, Hastings College of Law, Moot Courtroom (Room 423), 198 McAllister Street, San Francisco, CA 94102. 

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 Argued on May 22, 2019. 

Granted issue:  Whether the military judge’s erroneous admission of evidence regarding  Specifications 1, 2, and 3 as a common plan or scheme for Specifications  4 and 5 was harmless.

Certified issue:  Did the Air Force Court of Criminal Appeals err when it found the  military judge abused his discretion by ruling that the evidence  regarding Specifications 1, 2, and 3 could be considered as evidence of a  common plan or scheme for Specifications 4 and 5.

https://www.caaflog.com/category/october-2018-term/united-states-v-hyppolite/

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Argued on May 22, 2019.

Argued on May 21, 2019.

Issues:

I. Whether the Army Court erroneously denied appellant a post-trial R.C.M. 706 inquiry by requiring a greater showing than a non-frivolous, good faith basis articulated by United States v. Nix, 15 C.M.A. 578, 582, 36 C.M.R 76, 80 (1965).

II. Whether the Army Court erred when it held that submitting matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), was evidence of Appellant’s competence during appellate proceedings.

http://www.caaflog.com/category/october-2018-term/united-states-v-navarette/

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Argued on May 21, 2019.

Issue: Whether the Army Court of Criminal Appeals can find the unlawful force, as alleged, factually insufficient and still affirm the finding based on a theory of criminality not presented at trial.

http://www.caaflog.com/category/october-2018-term/united-states-v-english/

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Argued on Wednesday, May 1, 2019.

Case Summary: A panel of members with enlisted representation sitting as a general court-martial convicted Appellant, contrary to his pleas, of one specification of abusive sexual contactin violation of Article120, UCMJ, 10 U.S.C. §920(2012). The Members sentenced Appellant to twenty-four months of confinement and a bad-conduct discharge. The Convening Authority approved the sentence as adjudged and, except for the punitive discharge, ordered it executed.

Issue: This case is before this Court for further review after our initial  decision on direct appeal was vacated by the United States Court of  Appeals for the Armed Forces and after this Court granted the  government’s request for reconsideration of its opinion on remand. May  the Court now consider the government’s argument, raised for the first  time, that the members announced a general verdict?

See United States v. Sager, 76 M.J. 158 (C.A.A.F. Mar. 21, 2017) (CAAFlog case page).

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Argued on  April 24, 2019.

Issue: Whether United States v. Orben,  which established what the government must show to prove intent for  indecent liberties under Article 134 (the precursor to Article 120b),  applies to the intent element of Article 120b(c), sexual abuse of a  child.

http://www.caaflog.com/category/october-2018-term/united-states-v-rodriguez/

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Argued on April 23, 2019.

Issues:

I. Whether an appellant is authorized to request Pierce credit for the first time at a Court of Criminal Appeals.

II. If the Army Court of Criminal Appeals erred in holding that the failure to request Pierce credit below constituted waiver, was its actual review of this issue under its article 66(c), UCMJ authority still sufficient?

http://www.caaflog.com/category/october-2018-term/united-states-v-haynes/

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 Argued on April 23, 2019.

Issue: Whether aggravated sexual contact of a child is a lesser included offense of rape of a child. 

http://www.caaflog.com/category/october-2018-term/united-states-v-gonzales/

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Argued on April 10, 2019, at Fort Leavenworth, Kansas.

Issue: Whether the Army court erroneously affirmed the military judge’s denial  of 291 days of Allen credit for pretrial confinement Appellant served in a civilian confinement facility awaiting disposition of state  offenses for which he was later court-martialed.

http://www.caaflog.com/category/october-2018-term/united-states-v-harris/

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