CAAF Oral Arguments -- 10 February 2021

Wednesday, February 10, 2021

United States v. Eric R. ProctorNo. 20-0340/AF
(Appellee)(Appellant)(audio -- mp3 wma)Counsel for Appellant: Capt Ryan S. Crnkovich, USAF (brief)
                                                ------------------------- (reply brief)
Counsel for Appellee:  Maj Jessica L. Delaney, USAF (brief)
Case Summary: SPCM conviction of disobeying a lawful command, assault and battery, and communicating a threat. Granted issue is whether at an all-call prior to Appellant's court-martial, Appellant's squadron commander sought to address his "NCO problem" by highlighting the negative career impacts someone could suffer if they provided a character letter for an accused airman. Did the Air Force Court err when it found beyond a reasonable doubt, that this unlawful command influence did not place an intolerable strain on the public's perception of the military justice system?

United States v. Matthew C. HarringtonNo. 21-0025/AF
(Appellee)(Appellant)(audio -- mp3 wma)Counsel for Appellant: Capt Alexander A. Navarro, USAF
                                                  ------------------- (supplement)
Counsel for Appellee:  Maj Dayle P. Percle, USAF (answer)    
Case Summary: Appellant is pending rehearing at a GCM, from which the United States successfully undertook appeal under Art. 62, UCMJ. The granted issue is as follows: Appellant's conviction was set aside due to the original trial judge's failure to allow the defense to introduce exculpatory evidence about the complaining witness's behavior right before the alleged sexual assault. The exculpatory evidence is no longer available after a government delay in bringing the case to a rehearing. Did the Air Force Court err by overruling the military judge's decision to dismiss the charge for a speedy trial violation?

​Cheers, Phil Cave