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Oral Argument Audio Podcast
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Oral Argument Audio Podcast

Author: CAAFlog

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This podcast re-distributes audio of oral arguments at CAAF and the CCAs, and occasionally at other courts. The audio recordings are created by the individual courts and the recordings are generally available on each court's website; this podcast duplicates those recordings in the form of a podcast for listener convenience.
78 Episodes
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Argued on 11/08/2019. Discussed in the post: If you want ask a court to take over a military defense counsel’s office, it has to be a federal court. Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on March 17, 2020. Issue : Did the Army court err when, upon reconsideration, it determined that the 5-year statute of limitations barred the rehearing of the two sexual assault specifications? CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-moore/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on March 17, 2020. Issues : I. Did admission of an allegedly positive Diatherix Laboratories test for gonorrhea without testimony at trial of any witness from Diatherix violate the Sixth Amendment confrontation clause? II. Did the lower court abuse its discretion in admitting an alleged positive Diatherix test result for gonorrhea in a child’s rectal swab-where Diatherix failed to follow its own procedures and the result was of near zero probative value? CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-baas/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on February 26, 2020. Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on February 6, 2020. Issues : I. To convict under Article 120c(a)(3), must the Government prove the attendant circumstances of both an indecent viewing under Article 120c(a)(1) and an indecent recording under Article 120c(a)(2)? II. Whether one who causes another to deliver an indecent visual recording to oneself may providently plead guilty to distribution of that same indecent visual recording under Articles 77 and 120c(a)(3) in light of United States v. Hill, 25 M.J. 411 (C.M.A. 1988)? III. Given the Government’s charging theory, were Appellant’s guilty pleas to Charge I, Specifications 2 and 3 provident when his alleged co-conspirator was not subject to the UCMJ? Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on February 5, 2020. Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on February 11, 2020. Issues : I. Whether trial defense counsel were ineffective for failing to introduce exculpatory evidence in their possession. II. Whether the military judge abused his discretion by failing to order a mistrial for the charges and specifications. III. Whether the military judge committed plain error by admitting evidence of historical cell-site location information. See Carpenter v. United States, 138 S. Ct. 2206 (2018). CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-carter-october-2019-term/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on February 11, 2020. Issues : I. Did the military judge err in applying R.C.M. 914? II. If the military judge erred, under what standard should this Court assess prejudice? III. Was there prejudice under the applicable standard of review? CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-clark-october-2019-term/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on January 15, 2020. Issue : Whether the specification of Charge II, alleging the communication of indecent language to a child in violation of Article 134, UCMJ, was preempted by Article 120b. CAAFlog case page: http://www.caaflog.com/category/october-2019-term/united-states-v-avery/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on January 15, 2020. Issue : Whether the military judge abused her discretion by permitting the unit’s SHARP representative to testify that “when a person says ‘no’ it means stop, walk away.” CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-washington/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on January 14, 2020. Issues : Granted issue: Whether the Army Court abused its discretion by reassessing the sentence after dismissing the most egregious specification, and offering the convening authority the option to approve an excessive sentence for the remaining specification in lieu of a rehearing. Specified issue: Whether Appellant waived or forfeited his objection to the Army Court’s instructions to the convening authority. CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-gonzalez/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on January 14, 2020. Issues: Granted issue: Whether after setting aside the sentence and ordering a remand, a service Court of Criminal Appeals is authorized to reassess the sentence and limit the lawful sentence the convening authority may approve. Specified issue: Whether the granted issue is ripe for review at this time. CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-wall/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on December 4, 2019. Issue : Whether the military judge erred in admitting over defense objection the video-recorded interview of AH by CID because it was not a prior consistent statement under Mil.R.Evid. 801(d)(1)(B). CAAFlog case page: http://www.caaflog.com/category/october-2019-term/united-states-v-finch-october-2019-term/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on December 4, 2019. Issue: Whether the Air Force Court of Criminal Appeals erred in finding that the military judge committed plain and prejudicial error by failing to instruct the panel sua sponte regarding the impact of a punitive discharge on Appellee’s potential permanent disability retirement where Appellee did not request such an instruction. CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-easterly/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on November 20, 2019. Issues : I. Does Article 2 of the Uniform Code of Military Justice violate Appellant’s right to Equal Protection by subjecting him to court-martial as a member of the Fleet Reserve, if retired members of a reserve component are not subject to court-martial, except when receiving hospitalization from an armed force? II. Are members of the Fleet Reserve “similarly situated” for Equal Protection purposes with retired members of a regular component and retired members of a reserve component? III. What is the appropriate standard of review for this Court to apply to Article 2 in deciding an Equal Protection challenge? Prior coverage: • NMCCA opinion (withdrawn) • Blog post: The NMCCA torpedoes Article 2 • Blog post: The fundamental flaw in the NMCCA’s decision in Begani • Blog post: NMCCA withdraws opinion, grants reconsideration Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on October 30, 2019. Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on November 6, 2019. Issue: Whether the specification of Charge I alleging an attempted killing fails to state an offense because it does not explicitly, or by necessary implication, allege the attempted killing was unlawful. CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-turner/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on November 6, 2019. Issue: Whether the mens rea of “knowingly” applies to the consent element of Article 120c(a)(2), Uniform Code of Military Justice, 10 U.S.C. § 920c(2) (2016). CAAFlog case page: http://www.caaflog.com/category/october-2019-term/united-states-v-davis-october-2019-term/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on November 5, 2019. Issues : I. Whether rule 15.5 of the Air Force Court of Criminal Appeals Rules of Practice and Procedure is invalid because it conflicts with the Uniform Code of Military Justice, this Court’s precedent, the Joint Courts of Criminal Appeals Rules of Practice and Procedure, the recently updated Joint Rules of Appellate Procedure, and the prior and current appellate rules of the other service Courts of Criminal Appeals. II. Whether the Air Force Court of Criminal Appeals deprived Appellant of his due process right to raise issues on appeal when it denied his timely request to file a supplemental brief on issues arising during remand proceedings. III. Whether a Court of Criminal Appeals must require certificates of correction to be accomplished, vice accepting documents via a motion to attach, when it finds a record of trial to be incomplete due to a missing exhibit. CAAFlog case page: http://www.caaflog.com/category/october-2019-term/united-states-v-muller/ Note: Audio post-processed for this podcast with a dynamic normalizer filter.
Argued on November 5, 2019. Issues : I. Whether the Army court erred by considering military confinement policies but refusing to consider specific evidence of Appellant’s confinement conditions. II. Whether the Army court conducted a valid Article 66 review when it failed to consider Appellant’s constitutional claims. III. Whether Appellant’s constitutional rights were violated by a confinement facility policy that barred him from all forms of communication with his minor children without an individualized assessment demonstrating that an absolute bar was necessary. CAAFlog case page: https://www.caaflog.com/category/october-2019-term/united-states-v-jessie/ Note: Audio post-processed for this podcast with a dynamic normalizer filter. 
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