The United States Army Court of Criminal Appeals will be sitting at Campbell Law School on Monday, Oct. 16, in the Boyce Courtroom.
The hearing will begin at 2:45 p.m. for the case of “U.S. v. U.S. Army Sergeant (E-5) Charles E. Phillips.” The case concerns an Army sergeant who was previously charged with communicating a threat and three specifications of assault consummated by a battery. Representing the appellant will be Captain Kevin T. Todorow and Major Robert W. Rodriguez. Representing the government will be Major Joseph H. Lam and Major Justin L. Talley. The Court Commissioner is Captain Andrew O’Grady.
The three-judge panel will consist of Appellate Military Senior Judge Lt. Colonel Deidra J. Fleming, Senior Judge Colonel R. Tideman Penland and Judge Lt. Colonel Tiffany D. Pond, according to the case file.
Professor Erin Kenny, who helped arrange the court’s visit along with the Campbell Law Alumni Association’s Honorable James Herring III ’84, added, “At issue as part of the argument will be how Miranda rights should apply in this particular case, even though under the UCMJ military members have Article 31 rights (which are slightly more expansive and have slightly different requirements).”