CAAF Arguments

CAAF held four oral arguments this week--links to the audio.

​Tuesday, January 12, 2021

United States v. Thomas E. Mader, III No. 20-0221/MC
(Appellee)(Appellant)(audio -- mp3 wma)Counsel for Appellant: Maj Mary Claire Finnen, USMC (brief) (reply brief)
Counsel for Appellee:  LT Jennifer Joseph, JAGC, USN (brief)
Case Summary: GCM conviction of violating a lawful general order and assault consummated by a battery. The granted issue is: Consent is a defense to assault consummated by a battery. The lower court found that even though Appellant had mistakenly believed other Marines consented, no person in any similar circumstances could ever lawfully consent. Did the lower court err?

United States v. Gregory S. Simpson No. 20-0268/MC
(Appellee)(Appellant)(audio -- mp3 wma)
​Counsel for Appellant: Tami L. Mitchell, Esq. (brief) (reply brief)
Counsel for Appellee:  LT Gregory A. Rustico, JAGC, USN (brief)    
Case Summary: GCM conviction of conspiracy to create and distribute an indecent recording, indecent recording, distributing an indecent recording, and assault and battery. Granted issue questions whether it is legally impossible for Appellant to be convicted of distributing indecent images to himself under Article 77, UCMJ, when the plain language of Article 120c(d)(5), UCMJ requires the images be distributed to "another."

Wednesday, January 13, 2021

United States v. Justin D. Steen No. 20-0206/CG
(Appellee)(Appellant)(audio -- mp3 wma)
Counsel for Appellant: LT Carolyn Bray, USCG (brief) (reply brief)
Counsel for Appellee:  LT Nicholas Hathaway, USCG (brief)
Case Summary: GCM conviction of wrongful introduction and distribution of marijuana. Granted issue states: MRE 404(b) protects the accused's right to a fair trial by excluding prejudicial propensity evidence. The military judge erroneously admitted propensity evidence and instructed the members to consider evidence for an improper purpose. Did this error prejudice Appellant?

​United States v. Kevin M. Furth No. 20-0289/AR
(Appellee)(Appellant)(audio -- mp3 wma)Counsel for Appellant: CPT Scott A. Martin, JA, USA (brief)  (reply brief)
Counsel for Appellee:  CPT Marc J. Emond, JA, USA (brief)    
Case Summary: GCM conviction of absence without leave and wrongful appropriation. Granted issue questions whether Appellant received effective assistance of counsel when he was erroneously advised that his pending resignation request, if approved, would vacate his guilty plea.