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U.S. Army Court of Criminal Appeals holds oral argument at Akron Law

TheĀ U.S. Army Court of Criminal Appeals recently held oral argument at The University of Akron School of Law. The Sept. 24 event was part of the law school's Centennial celebration. (Photo courtesy of Nick Roth).

SHERRY KARABIN
Legal News Reporter

Published: November 26, 2021

Students and educators at The University of Akron School of Law recently got a rare chance to observe a three-judge panel of the U.S. Army Court of Criminal Appeals in action as the appellate judges heard oral argument inside the David and Ann Amer Brennan Courtroom at the McDowell Law Center.
The event took place on Sept. 24, with appellant counsel Capt. Nandor Kiss and Capt. Joe Seaton and appellee counsel Capt. Allison Rowley and Maj. Pamela Jones presenting arguments in the case of United States v. Colon-Rodriguez.
The case dates back to January 2020 when a military panel (jury) convicted U.S. Army Pfc. Luis Colon-Rodriguez of two specifications of assault, one specification of domestic violence and one specification of violating a no-contact order.
The offenses were committed at Ft. Leonard Wood in Missouri in February 2018. At the time, he had been in the Army for over three years.
The appellant was sentenced to 180 days in confinement and a bad-conduct discharge.
In his appeal, Colon-Rodriguez raised multiple issues or assignments of error, two of which were heard at Akron Law. They included whether the military judge, Lt. Col. Steven C. Neill abused his discretion by failing to excuse an allegedly biased panel member and whether the search authorization for the appellant’s phone was unlawfully broad and the good faith doctrine should not have applied.
The U.S. Army Court of Criminal Appeals panel included appellate judges Col. Daniel G. Brookhart, Col. James Arguelles and Lt. Col. Jennifer Parker. The case will be decided in the coming months.
Akron Law Dean Christopher J. (C.J.) Peters said the event provided law students with the chance to witness the appellate process firsthand and gain a better understanding of the role the Judge Advocate General’s (JAG) Corps plays in the military.
“It was part of the law school’s Centennial celebration and it was a very well attended and educational experience for students and faculty,” said Peters. “After the oral argument, students also got the chance to ask questions about the Army court, the appellate process and service in the Army Judge Advocate General’s Corps.  
“The JAG Corps is as old as the United States itself and the visit gave students the chance to learn more about its function and decide if it might be a career option,” said Peters.
“We would like to see the U.S. Army Court of Criminal Appeals return to Akron Law in future years.”
Malcolm H. Squires Jr., former Clerk of Court/Judicial Advisor to the U.S. Army Court of Criminal Appeals said the Sept. 24 visit is part of the JAG Corps’ student outreach program.
“Each year, we hold oral argument at law schools around the country as part of our recruitment efforts,” said Squires. “This is the first time we have ever come to Akron Law.
“We were excited to see so many students take time to see what we do as an appellate court and learn more about the high quality of the practice of law in the U.S. Army.”


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