On April 2nd, the National Security, Cybersecurity, and Foreign Relations Law Program along with the Military Law Society and National Security Law Association hosted the Navy-Marine Corps Court of Criminal Appeals for an oral argument, followed by a Q&A session and a reception. The appellate judges who sat to hear the case included Senior Judge (Colonel) Alison Daly (presiding) and Judges (Captain) Nathaniel Gross and (Lieutenant Colonel) Keaton Harrell. As part of their public outreach, military criminal appellate courts have held annual appellate court hearings for actual cases at GW Law since 2009.
The court heard arguments in the case of United States v. Jeter. Lieutenant Junior Grade (LTJG) Jeter, Appellee, was tried and convicted of various offenses, including sexual harassment, sexual assault, extortion, and burglary. After the United States Court of Appeals for the Armed Forces set aside his convictions for a Batson violation, the government retried LTJG Jeter at a second court-martial. At the second trial, LTJG Jeter requested production of the audio of a victim 911 call, which the Government was unable to produce. The military trial judge abated the proceedings for offenses related to that call. The military judge subsequently declared a mistrial at the second court-martial on an unrelated matter. The Government elected to send the case to a third court-martial, bringing all of the offenses including the offenses previously abated at the second court-martial. Again, LTJG Jeter requested production of the audio of the 911 call, and again, the Government was unable to produce it. Just as in the second court-martial, the military judge abated the proceedings for offenses relating to that 911 call. The government filed an interlocutory appeal of the ruling relating to the missing 911 audio.
On appeal, the Government argues that the military judge erred in abating the proceedings. LTJG Jeter argues that the Court lacks jurisdiction, and, alternatively, that the military judge did not abuse his discretion when he found there was no adequate substitute for the audio of the 911 call.
After the hearing concluded, students in the audience had the opportunity to ask questions of the judges, counsel, and Chief Judge (Captain) Michael Holifield, JAGC, USN. A reception followed and students were able to talk with the judges and recruiting officers from all the military services in attendance.
