Josh Tate

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WASHINGTON (AP) - A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.

Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.

The court-martial is scheduled to begin Feb. 10.

The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.

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ANNAPOLIS, Md. (AP) - A federal judge has denied a request by a U.S. Naval Academy midshipman accused of sexual assault to recuse the academy's superintendent from the case.

Jason Ehrenberg, an attorney for Midshipman Josh Tate, said Wednesday he still hopes to prevail in arguing later that undue command influence has prompted the case to move forward to a court-martial amid a heightened focus on sexual assault in the military.

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ANNAPOLIS, Md. (AP) - A lawyer for a U.S. Naval Academy student accused of sexual assault is asking a federal judge to remove the superintendent from deciding who will serve on a court-martial panel that will decide the case.

Jason Ehrenberg, an attorney for Midshipman Josh Tate, wrote in the court filing submitted Tuesday night that Vice Adm. Michael Miller decided to refer the case to a court-martial, despite recommendations from an investigating officer and Miller's own senior counsel not to do so.