US Court of Appeals for the Armed Forces will be making their first-ever visit to Tucson

On Tuesday, February 26, 2013, 9:30-10:45, the US Court of Appeals for the Armed Forces will be making their first-ever visit to Tucson. This event will be especially exciting as our students have been invited to file and argue an amicus brief, and are doing so under the guidance of Dean Willie Jordan-Curtis and Professor Paul Bennett.

Click here to listen to an audio recording of the oral arguments.

United States (Appellee) v. Bruce L. Kelly (Appellant) No. 12-0524/AR

Counsel for Appellant: Capt Ian M. Guy, JA, USA

Brief

Specified issue brief

Counsel for Appellee: Capt Sean Fitzgibbon, JA, USA

Brief

Specified issue brief

Case Summary:

GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant's personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government's search of Appellant's personal computer was reasonable because the Government was not "certain" or "absolutely clear" that it would be returned to the wounded-warrior Appellant.

Notes:

This case will be heard as a Project Outreach case at the University of Arizona, James E. Rogers College of Law, Tucson, Arizona. Counsel for each side will be allotted 20 minutes to present oral argument in this case.

Seating in the Ares Auditorium is limited. Priority seating is available for students and attorneys appearing before the Court. Remaining seats will be available on a first-come, first-served basis. Photo identification is required for those who are attending. Parking is available in the Park Avenue Garage at the corner of Park and Speedway on a space-available basis. For garage rates and other visitor parking options, contact Parking and Transportation at 520-626-7275 or go to http://parking.arizona.edu/visitors/.

Following the argument, the judges will be available to answer general questions from audience members. While judges are prohibited from answering questions about pending cases, they can discuss Court operations and the decision-making process. The panel will consist of five judges.

The Court's visit to Arizona Law has been coordinated by the Rehnquist Center, a non-partisan center that honors the legacy of Chief Justice Rehnquist. The Center is dedicated to encouraging scholarship about, and public understanding of, the separation of powers, the balance of powers between the federal and state governments, and judicial independence.

Media note:

The use of video and audio equipment during the oral argument is prohibited by Court Rule.  Photography is permitted during the question & answer session only. Please contact Bill DeCicco, 202-761-1448, bill.decicco@armfor.uscourts.gov.

Contact:

Bernadette Wilkinson, Program Coordinator,

520-626-1629

bwilkins@email.arizona.edu

Rehnquist Center Media Contact:

Bill DeCicco

202-761-1448

bill.decicco@armfor.uscourts.gov

Many thanks to Kris Carlson for making the initial connections for this court visit.