NORMAN, OKLA. – It’s not often that a law student gets to participate in a military court case before they’ve even passed the bar exam. However, third-year law student Christina Kelly will do just that when she presents oral arguments in the case United States v. Menard at OU Law’s Dick Bell Courtroom on November 19. This opportunity comes to OU Law through the Air Force Court of Criminal Appeals’ Project Outreach, which allows law students the chance to draft a brief and present arguments in a live case.
Kelly grew up in a military family and, before attending OU Law, was an active-duty member of the U.S. Air Force for six years. In 2022, she entered the Career Intermission Program, which allowed her three years of inactive status to attend law school.
“I chose OU because of its great military community, so I knew it would be a good fit for me,” she said. “I worked with the JAGs at Tinker to reach out to the Air Force Court of Criminal Appeals. They have an outreach project where they allow local law school students to participate in active federal appellate cases.”
The Air Force Judge Advocate General’s, or JAG, Corps provides legal services for the U.S. Air Force and U.S. Space Force, as well as individual Airmen and Guardians. Kelly has twice interned with the Judge Advocate Office at Tinker Air Force Base and now helps connect OU Law students with military opportunities as president of the OU Military Law Society. During her tenure as president, JAG applications from OU Law have increased by 500%.
Reflecting on her military and law school experiences, Kelly identifies strong parallels between the leadership she observed in the Air Force and at OU Law.
“There’s so much servant leadership at OU. Every professor, faculty member and the whole staff at OU Law have an empathetic nature about them. That’s especially true for Assistant Dean Stan Evans, who is phenomenal and asks how he can help me on a nearly daily basis,” she said. “It’s very parallel to the experiences I’ve had in the Air Force. Servant leadership has become so much a part of what I look for in my education and professional development. It’s who I am and what I want to be.”
Presenting Arguments in United States v. Menard
Kelly and her legal partner, second-year law student Cheyenne Perez-Bailey who is part of the Air Force JAG’s Graduate Law Program, will showcase their legal training in a military court case involving a senior airman who was convicted by court-martial. After serving his sentence and being removed from the Air Force, the airman is now appealing his conviction on several grounds, including the admission of uncharged offenses or conduct as evidence during the trial.
“OU is presenting on the side of the government, and we’re writing an amicus brief in support of the Air Force. Our goal is to give context to the judges about the purpose of the evidentiary rule and the tests that have been developed by the military courts of review,” she said. “We believe that that the trial judge in this case did not err in his decision.”
Kelly and Perez-Bailey are working with associate professor and Army Reserve officer Zachary Schmook and assistant professor and Director of Competitions Taylor Peshehonoff. Together they will prepare the amicus curiae brief, also known as a “friend-of-the-court” brief and practice their oral arguments in preparation for the hearing.
According to Peshehonoff, "These opportunities usually take place through a classroom or competition environment, with fake parties, made-up facts, and no consequences. Project Outreach, however, gives OU Law the chance to allow students to learn in a supported environment and under the supervision of faculty members in a live case. There are real consequences here. This type of experience is exactly what we hope we provide our students — the ability to learn and grow as advocates, while having the support they need to be successful."
On November 19, Kelly will stand in front of federal judges from the Air Force Court of Criminal Appeals to present argument and answer questions.
“We have 10 minutes to argue and so do the law students from Oklahoma City University, who are supporting the other side. After our presentation and the legal counsel for both sides argue, the judges will make a ruling,” Kelly said. “That ruling will be published and our names will be in the actual legal documents. Any future JAG or military judge who pulls up this case will see that OU students, our names, were good enough to argue at the federal appellate level.”
This opportunity is rare for OU Law students, which makes it even more meaningful to Kelly, who has dreamed of being a lawyer since she was five years old.
“I come from a lower-middle-class family, so there was no financial support. I had to put myself through school with the help of the Air Force’s tuition assistance program and the GI Bill,” Kelly said. “I’m now 33 years old, and getting to do the job before I’ve even graduated with my law degree is such a huge accomplishment. It’s practice for when I’m actually in the seat, wearing the captain’s bars and the JAG patch. It’s all just so exciting.”
Oral arguments will take place on Tuesday, Nov. 19 in OU Law’s Dick Bell Courtroom. The OU Military Law Society is hosting the Project Outreach event, along with support from the College of Law’s Competitions Program.
About the University of Oklahoma
Founded in 1890, the University of Oklahoma is a public research university located in Norman, Oklahoma. As the state’s flagship university, OU serves the educational, cultural, economic and health care needs of the state, region and nation. For more information about the university, visit www.ou.edu.