⚖ Oral Arguments, with Context

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United States v. Rene D. Alfaro — CAAF (Oct 28, 2026)

No. 26-0170/AR Argued October 28, 2026 Published October 29, 2026

The Court of Appeals for the Armed Forces hears Sergeant Alfaro's challenge to his court-martial conviction. A fellow soldier accused him of sexual assault after a night of drinking in his barracks room. His defense challenged the reliability of her memory. Before trial, the military judge privately screened her mental-health records, released diagnoses and prescriptions, and withheld confidential therapy communications. Alfaro's appellate lawyer says the sealed material contains exculpatory information, meaning evidence that could help his defense. That is his claim, not a finding that she lied. The Army appeals court upheld the conviction. Military Rule of Evidence five thirteen protects confidential communications with psychotherapists, subject to listed exceptions. In camera means the judge reviews material privately rather than showing it to the parties. Robert Feldmeier, for Alfaro, will argue that a judge who discovers evidence necessary for a fair defense must seek the patient's consent to disclosure or abate, meaning halt, the trial. Major Isaac Dickson, for the government, will argue that the rule does not authorize that remedy.

United States v. Rene D. Alfaro (No. 26-0170/AR) — United States Court of Appeals for the Armed Forces, argued October 28, 2026.

Sources
Argument audio — official CAAF original, October 28, 2026:https://www.armfor.uscourts.gov/newcaaf/CourtAudio13/20261028A.mp3
Official October hearing calendar — case, date, counsel and filed briefs:https://www.armfor.uscourts.gov/calendar/202610.htm
Alfaro factual background and argument — final appellant brief; Appendix A contains the February 12, 2026 Army court opinion:https://www.armfor.uscourts.gov/briefs/2026Term/Alfaro260170AppellantBriefFinal.pdf
Government account of the trial record, privilege and proposed remedy — final appellee brief:https://www.armfor.uscourts.gov/briefs/2026Term/Alfaro260170AppelleeBriefFinal.pdf
Defense reply — consent, private review and abatement arguments:https://www.armfor.uscourts.gov/briefs/2026Term/Alfaro260170AppellantReplyBrief.pdf
Prior Army court opinion on reconsideration — February 12, 2026; not the result of this CAAF argument:https://caselaw.findlaw.com/court/u-s-arm-crt-cri-app/118149599.html

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