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Coast Guard Court of Criminal AppealsUNITED STATES V LEAL (2) (81 M.J. 613)Upon return of the case, the Convening Authority referred two specifications to a special court-martial (Leal II) based on the same underlying conduct: one alleging assault consummated by a battery in violation of Article 128, UCMJ, and one alleging maltreatment in violation of Article 93, UCMJ. A panel of officer and enlisted members acquitted Appellant of assault, but convicted him, contrary to his pleas, of maltreatment. The members sentenced Appellant to reduction to E-5 and restriction for fifteen days, which the Convening Authority approved. Appellant now raises three issues for our consideration: 1) Whether the military judge violated Appellant’s Fifth and Sixth Amendment rights by not allowing his counsel to examine the members during a post-trial session under Article 39(a), UCMJ; 2) Whether the military judge failed to develop an adequate record into alleged unlawful command influence during deliberations and abused her discretion by denying a motion for mistrial; and 3) Whether Appellant is entitled to relief for unreasonable post-trial delay We find no merit in the first issue, but we agree with Appellant that there is an inadequate record into whether unlawful command influence tainted deliberations and that unreasonable post-trial delay warrants relief. Based on both errors and the circumstances of this particular case, we set aside the findings and sentence.Docket No. 1470Coast Guard Court of Criminal Appeals5/3/20215/3/20215/4/2021
Coast Guard Court of Criminal AppealsUNITED STATES V GREENING - 54 MJ 831UNITED STATES VV GREENING - 54 MJ 831 - Coast Guard Court of Criminal Appeals DecisionDocket No. 1137Coast Guard Court of Criminal Appeals3/28/20013/28/20018/31/2017
Coast Guard Court of Criminal AppealsUNITED STATES V ZOBITZ - UNPUBLISHEDUNITED STATES V ZOBITZ - UNPUBLISHED Coast Guard Court of Criminal Appeals - OpinionDocket No. 1341Coast Guard Court of Criminal Appeals 4/6/20114/6/20119/18/2017
Coast Guard Court of Criminal AppealsUnited States V YODER (UNPLISHED)United States V YODER (UNPLISHED) Coast Guard Court of Criminal Appeals OpinionDocket No. 001-62-13Coast Guard Court of Criminal Appeals9/9/20139/9/20139/18/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WOOLDRIDGE - 49 MJ 513UNITED STATES V WOOLDRIDGE - 49 MJ 513Docket No. 1092Coast Guard Court of Criminal Appeals12/1/199812/1/19988/29/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WILSON - UNPUBLISHEDUNITED STATES V WILSON - UNPUBLISHED Coast Guard Court of Criminal Appeals OpinionDocket No. 1435Coast Guard Court of Criminal Appeals 5/1/20175/1/20179/1/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WILLIAMS - JR - 54 MJ 757UNITED STATES V WILLIAMS - JR - 54 MJ 757- Coast Guard Court of Criminal Appeals DecisionDocket No. 1140Coast Guard Court of Criminal Appeals2/7/20012/7/20018/31/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WILLIAMS - UNPUBLISHEDUNITED STATES V WILLIAMS - Coast Guard Court of Criminal Appeals DecisionDocket No. 1084Coast Guard Court of Criminal Appeals9/26/19979/26/19978/25/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WHITE - UNPUBLISHEDUNITED STATES V WHITE - UNPUBLISHED - Coast Guard Court of Criminal Appeals DecisionDocket No. 1146Coast Guard Court of Criminal Appeals7/17/20017/17/20018/31/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WHITAKER - UNPUBLISHEDUNITED STATES V WHITAKER - UNPUBLISHED Coast Guard Court of Criminal Appeals OrderDocket No. 1366Coast Guard Court of Criminal Appeals2/19/20142/19/20149/18/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WEST - 56 MJ 626UNITED STATES V WEST - 56 MJ 626 Coast Guard Court of Criminal Appeals DecisionDocket No. 1145Coast Guard Court of Criminal Appeals10/28/200110/28/20018/31/2017
Coast Guard Court of Criminal AppealsUNITED STATES V WEBER - 56 MJ 736UNITED STATES V WEBER - 56 MJ 736 Coast Guard Court of Criminal Appeals DecisionDocket No. 1151Coast Guard Court of Criminal Appeals1/23/20021/23/20028/31/2017
Coast Guard Court of Criminal AppealsUNITED STATES v VANWINKLE (UNPULBLISHED)UNITED STATES v VANWINKLE (UNPULBLISHED) Coast Guard Court of Criminal Appeals OpinionDocket No. 1386Coast Guard Court of Criminal Appeals 3/13/20153/15/20159/15/2017
Coast Guard Court of Criminal AppealsUNITED STATES V TWOMLEY - UNPUBLISHEDUNITED STATES V TWOMLEY - UNPUBLISHED Coast Guard Court of Criminal AppealsDocket No. 1412Coast Guard Court of Criminal Appeals4/18/20164/18/20169/1/2017
Coast Guard Court of Criminal AppealsUNITED STATES V TUALLA (TUALLA II) - 53 MJ 610UNITED STATES V TUALLA (TUALLA II) - 53 MJ 610 - Coast Guard Court of Criminal Appeal DecisionDocket No. 1079Coast Guard Court of Criminal Appeals6/6/20006/6/20008/30/2017
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Oral Arguments

Pursuant to U.S. Department of Defense Standard carrying out Article 140a, Uniform Code of Military Justice [10 U.S.C. s. 940a] (revised, January 2025), an audio recording of an oral argument will typically be made publicly accessible. Audio recordings for oral arguments after the effective date of this new rule (January 2025) are below. As part of this requirement, a military service provides a mechanism by which a written transcript may be made available upon request. Contact HQS-DG-LST-CG-LMJ@uscg.mil with the reason for the request. 

 

Parties Docket Audio File Date
U.S. v. Ray 1498 MP3 2025/05/13
U.S. v. Kelley 1495 MP3 2025/03/26