UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-055

Friday, November 30, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0142/AF. U.S. v. Derek S. SMIT. CCA S32040.

 

INTERLOCUTORY ORDERS

 

No. 12-0229/AR. U.S. v. Roger S. DANES. CCA 20091072. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including December 7, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-054

Thursday, November 29, 2012

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 13-0089/MC. U.S. v. Jorge L. GONZALEZ. CCA 201200164. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is noted that the military judge neglected to seal the portion of the record and exhibits pertinent to an MRE 412 closed hearing. Accordingly, the Clerk is directed to seal Appellate Exhibits V and VI and pages 45-60 of the transcript.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0025/MC. U.S. v. Allen J. SOLOMON. CCA 201100582. Review granted on the following issues:

 

I. IN A CASE INVOLVING SEXUAL MISCONDUCT COMMITTED AGAINST A MALE VICTIM, THE MILITARY JUDGE ADMITTED EXTENSIVE EVIDENCE UNDER M.R.E. 404(b) AND M.R.E. 413 THAT RELATED TO APPELLANT'S PREVIOUS ACQUITTAL FOR SEXUAL MISCONDUCT COMMITTED AGAINST TWO FEMALES, DESPITE ALIBI EVIDENCE THAT CONTRADICTED HIS INVOLVEMENT IN THE SEXUAL MISCONDUCT WITH THEM. DID THE MILITARY JUDGE ABUSE HIS DISCRETION IN ADMITTING THE PRIOR SEXUAL MISCONDUCT EVIDENCE?

 

II. DURING THE TRIAL COUNSEL'S CLOSING AND REBUTTAL ARGUMENT, HE EXPRESSED PERSONAL OPINIONS ON THE EVIDENCE, VOUCHED FOR THE VERACITY OF THE GOVERNMENT WITNESSES, RIDICULED THE DEFENSE'S CASE THEORY, ARGUED FACTS NOT IN EVIDENCE, AND CLAIMED THAT THE DEFENSE CROSS-EXAMINATIONS WERE DISINGENUOUS. DID HIS IMPROPER CONDUCT CONSTITUTE PROSECUTORIAL MISCONDUCT AND DID IT MATERIALLY PREJUDICE APPELLANT'S SUBSTANTIAL RIGHTS?

 

Briefs will be filed under Rule 25.

 

No. 13-0089/MC. U.S. v. Jorge L. GONZALEZ. CCA 201200164. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0462/AR. U.S. v. Christopher A. BARBERI. CCA 20080636.

No. 11-0526/AF. U.S. v. Kody T. WEEKS. CCA 37535.

No. 12-0125/AR. U.S. v. Robert A. LYON. CCA 20090792.

No. 12-0285/AR. U.S. v. Benjamin M. ACKMAN. CCA 20090615.

No. 12-0300/AR. U.S. v. Payson C. AVERILL. CCA 20090491.

No. 12-0636/AR. U.S. v. Ryahn P. SHAW. CCA 20100158.

No. 13-0008/AR. U.S. v. Godfrey J. HURLEY. CCA 20080262.

No. 13-0009/AR. U.S. v. Roger CRUZ. CCA 20100132.

No. 13-0043/AR. U.S. v. Jaime E. SALAS. CCA 20100707.

No. 13-0047/AR. U.S. v. Robert A. CLARK. CCA 20110179.

No. 13-0076/AR. U.S. v. John L. HORNE, Jr. CCA 20110025.

No. 13-0084/AR. U.S. v. Donald W. PARRIS, Jr. CCA 20110752.

No. 13-0086/AF. U.S. v. David I. NORMAN. CCA 38070.

No. 13-0087/AF. U.S. v. Adam T. RUYLE. CCA S31917.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8013/AF. Barry R. NIXON, Petitioner v. The United States, and The United States Air Force Court of Criminal Appeals, Respondents. On consideration of Petitioner's motion to withdraw the pending petition for extraordinary relief in the nature of a writ of mandamus it is ordered that said motion is hereby granted.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8015/AF. In re Dennis D. KELLER, Petitioner. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.

 

INTERLOCUTORY ORDERS

 

No. 13-5001/AR. United States, Appellee v. Nicholas R. SCHELL. CCA 20110264. Appellant/Cross-Appellee's motion to dispense with requirement for the joint appendix is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-053

Wednesday, November 28, 2012

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 12-0693/AR. U.S. v. Bradley O. TEMPLE. CCA 20090883. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that in discussing the sufficiency of the evidence as to the rape conviction, the Army Court of Criminal Appeals commented that "we are hesitant to substitute our judgment for that of the panel members who heard and saw the testimony of the witnesses. We are even less likely to do so where there is other evidence such as the appellant's own incriminating statements, medical testimony, and scientific evidence which corroborates the victim's testimony." One might reasonably read the entire passage on evidentiary sufficiency and conclude that, taken as a whole, the reference to hesitating to substitute judgment for that of the members is nothing more than a recognition "that the trial court saw and heard the witnesses." Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 966(c) (2006). However, one might also reasonably question whether the Army Court of Criminal Appeals clearly understood that it could not defer to the members but was obliged to give a new, fresh look at the testimony, particularly where there were conflicts in the testimony. Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE ARMY COURT FAILED IN FULFILLING ITS STATUTORY DUTY PURSUANT TO ARTICLE 66, UNIFORM CODE OF MILITARY JUSTICE, WHEN IT FAILED TO INDEPENDENTLY WEIGH THE EVIDENCE AS REQUIRED BY THAT ARTICLE.

 

The record is returned to the Judge Advocate General of the Army for remand to the Army Court of Criminal Appeals to clarify whether a proper Article 66(c), UCMJ, review was conducted, and if not, to conduct such further review as may be necessary. See United States v. Washington, 57 M.J. 394, 399 (C.A.A.F. 2002). [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 11-0166/AF. U.S. v. Harley T. LUSK. CCA S31624. Review granted on the following issues:

 

I. WHETHER THE AFCCA ERRED WHEN IT HELD THAT THE ADMISSION OF THE AFDTL COVER MEMORANDUM WAS HARMLESS AND THE ADMISSION OF THE DD FORM 2624 WAS NOT PLAIN ERROR.

 

II. WHETHER THE PLAIN ERROR ANALYSIS OF THE CHAIN OF CUSTODY DOCUMENTS IN UNITED STATES v. SWEENEY, 70 M.J. 296 (C.A.A.F. 2011) IS INAPPLICABLE IN THE PRESENT CASE BECAUSE THE JUDGE DIRECTLY INSTRUCTED THE MEMBERS THAT THEY MUST FIND THE SAMPLE TESTED CAME FROM APPELLANT BEFORE THEY COULD CONVICT HIM AND THE ONLY EVIDENCE PROVING THAT FACT WAS THE CERTIFICATIONS OF ANALYSTS WHO DID NOT TESTIFY AT TRIAL BUT KNEW THEY WERE ASSISTING THE GOVERNMENT WITH THE COLLECTION OF EVIDENCE.

 

III. WHETHER THE AFCCA ERRED WHEN IT HELD THAT THE PROBATIVE VALUE OF THE AFIP TEST SUBSTANTIALLY OUTWEIGHED ITS PREJUDICIAL EFFECT AND THAT ITS ADMISSION WITHOUT LIMITATION WAS HARMLESS ERROR.

 

No briefs will be filed under Rule 25.

 

No. 12-0693/AR. U.S. v. Bradley O. TEMPLE. CCA 20090883. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0140/AR. U.S. v. Russell L. KERNS III. CCA 20110761.

No. 13-0141/AR. U.S. v. Bobby A. LEONARD. CCA 20111019.

 

INTERLOCUTORY ORDERS

 

No. 13-0137/AR. U.S. v. Michael J. CUOMO. CCA 20120516. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 17, 2012.

 

No. 13-8012/AR. U.S. v. Nidal M. HASAN. CCA 20120877. Appellee's motion to file a supplemental joint appendix is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-052

Tuesday, November 27, 2012

 

HEARINGS

 

No. 12-0522/AF. U.S. v. Adam G. COTE. CCA 37745.

No. 12-0353/MC. U.S. v. Lazzaric T. CALDWELL. CCA 201000557.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0135/AR. U.S. v. Marius St. GERARD. CCA 20100506.

No. 13-0136/AR. U.S. v. Jo E. LAW. CCA 20110614.

No. 13-0137/AR. U.S. v. Michael J. CUOMO. CCA 20120516.

No. 13-0138/AF. U.S. v. Isaac M. ANDINO. CCA 37893.

No. 13-0139/AR. U.S. v. Dameon D. ROCHESTER. CCA 20100422.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8014/NA. U.S. v. Rene TRUJILLO. Notice is hereby given that a motion for an extension of time to take appeal was filed by Appellant on November 7, 2012, and placed on the docket this date. On consideration thereof, it is ordered that said motion is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 12-0336/AR. U.S. v. Christopher L. COVINGTON. CCA 20090877. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including December 11, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0616/AR. U.S. v. Timothy E. BENNITT. CCA 20100172. Appellant's motion to extend time to file a reply brief granted, up to and including December 3, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0095/AR. U.S. v. Jeffrey W. SWARTZ. CCA 20091041. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including December 5, 2012, absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0127/MC. U.S. v. Preston D. WALKER. CCA 201100463. Appellant's motion to extend time to file the supplement granted to December 17, 2012.

 

No. 13-0128/AR. U.S. v. Luis R. HERNANDEZ II. CCA 20110105. Appellant's motion to extend time to file the supplement granted to December 17, 2012.

 

No. 13-0129/NA. U.S. v. Marcus R. SMITH. CCA 201100433. Appellant's motion to extend time to file the supplement granted to December 17, 2012.

 

No. 13-0131/AR. U.S. v. Evan R. BROWN. CCA 20100022. Appellant's motion to extend time to file the supplement granted to December 17, 2012.

 

No. 13-8006/AF. Patrick Carter, Petitioner v. The United States, United States Air Force Court of Criminal Appeals, and Commander, United States Naval Consolidated Brig, Miramar, California, Respondents. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, and Respondents' motion to submit documents, it is ordered that said motion to submit documents is hereby denied, and the United States Air Force Court of Criminal Appeals shall either decide the case within 45 days or provide this Court with an explanation of the need for further consideration.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-051

Monday, November 26, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0639/AR. U.S. v. Tanner P. FORRY. CCA 20080334.

No. 13-0002/AR. U.S. v. Dwight H. RILEY. CCA 20110136.

No. 13-0041/AR. U.S. v. Darrel S. KISSLING. CCA 20120118.

No. 13-0042/AR. U.S. v. Vincient D. BRATLIE. CCA 20110755.

No. 13-0053/AR. U.S. v. Ricky R. RAMIREZ. CCA 20120121.

No. 13-0065/AR. U.S. v. Marco A. RODRIGUEZ. CCA 20110562.

No. 13-0077/AF. U.S. v. Michael J. MOSCICKI. CCA 37849.

No. 13-0081/AR. U.S. v. Gregory M. RHODES. CCA 20120379.

No. 13-0082/AR. U.S. v. Rodney R. STUTZMAN. CCA 20100731.

No. 13-0083/AR. U.S. v. Andrian HERNANDEZ. CCA 20120144.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0126/AR. U.S. v. Anthony D. TOROSIAN. CCA 20110940.

No. 13-0127/MC. U.S. v. Preston D. WALKER. CCA 201100463.

No. 13-0128/AR. U.S. v. Luis R. HERNANDEZ II. CCA 20110105.

No. 13-0129/NA. U.S. v. Marcus R. SMITH. CCA 201100433.

No. 13-0130/AF. U.S. v. Shawn M. COOPER. CCA 37758.

No. 13-0131/AR. U.S. v. Evan R. BROWN. CCA 20100022.

No. 13-0132/AR. U.S. v. Craig V. RANKINS. CCA 20110494.

No. 13-0133/AR. U.S. v. Joshua L. ARCHAMBEAU. CCA 20100798.

No. 13-0134/AF. U.S. v. Gustavo A. ABADIA. CCA 37682.

 

INTERLOCUTORY ORDERS

 

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243. Appellant's second motion to extend time to file the supplement to the petition for grant of review is hereby granted, up to and including December 5, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0148/AR. U.S. v. James O. MORRIS. CCA 20081169. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to December 10, 2012.

 

No. 13-0044/AF. U.S. v. Amy R. SHOOK. CCA 37593. On consideration of Appellant's motion for leave to file the supplement to the petition for grant of review exceeding 9,000 words, said motion is hereby denied. Appellee's motion for leave to file a response to Appellant's reply to Appellee's opposition to said motion, is hereby denied. Appellant will file a supplement to the petition for grant of review that complies with Rule 21(b) on or before December 6, 2012.

 

No. 13-0100/AR. U.S. v. Mathew J. WILLIAMSON. CCA 20100828. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to December 10, 2012.

 

No. 13-0122/AR. U.S. v. Michael S. SPIESS. CCA 20100229. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to December 10, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-050

Wednesday, November 21, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0362/AR. U.S. v. Thomas G. GENTRY. CCA 20080985.*

_______________________________

 

* Third petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-049

Tuesday, November 20, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0495/AR. U.S. v. Brandon K. PRICE. CCA 20100382.

No. 13-0040/AR. U.S. v. James A. BACKES. CCA 20110870.

No. 13-0071/AF. U.S. v. Xavier R. AMOS. CCA 38085.

No. 13-0073/AR. U.S. v. Marvin J. JENKINS. CCA 20110867.

No. 13-0075/AF. U.S. v. Joseph I. MARUNIAK. CCA S31919.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0596/AR. U.S. v. Michael E. ZELLOUS, Jr. CCA 20110098.*

No. 13-0122/AR. U.S. v. Michael S. SPIESS. CCA 20100229.

No. 13-0123/AR. U.S. v. Brandon W. YOUNGER. CCA 20110762.

No. 13-0124/MC. U.S. v. William C. DALTON. CCA 201100521.

No. 13-0125/AR. U.S. v. Arron M. HAMMACK. CCA 20111153.

_______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-048

Monday, November 19, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0538/AR. U.S. v. Tiyewhonne M. DAVIS. CCA 20101022.

No. 13-0035/AR. U.S. v. Eric S. CRAWFORD. CCA 20110695.

No. 13-0062/AF. U.S. v. Priscilla N. OROZCO. CCA 38017.

No. 13-0064/AF. U.S. v. Delvin S. PRINCE. CCA 37809.

No. 13-0067/AR. U.S. v. Domenica L. MORGAN. CCA 20110599.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0148/AR. U.S. v. James O. MORRIS. CCA 20081169.*

No. 13-0121/MC. U.S. v. Kenneth BELCHER. CCA 201200079.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8010/AR. U.S. v. Reinel CASA-GARCIA. CCA 20111047. On consideration of Appellant's writ-appeal petition, said petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 11-0558/AR. U.S. v. Alvaro GARCIA, Jr. CCA 20080839. Appellant's second motion to extend time to file the supplement to the petition for grant of review is hereby granted, but only up to and including December 3, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0121/MC. U.S. v. Kenneth BELCHER. CCA 201200079. Appellant's motion to extend time to file the supplement to the petition for grant of review is hereby granted to December 7, 2012.

 

No. 13-8010/AR. U.S. v. Reinel CASA-GARCIA. CCA 20111047. Appellee's motion to file government designated portions of the joint appendix is hereby granted.

 

No. 13-8011/AR. U.S. v. Nidal M. HASAN. CCA 20120876. On consideration of Appellant's motion to correct errata, it is ordered that said motion is hereby granted.

 

No. 13-8012/AR. U.S. v. Nidal M. HASAN. CCA 20120877. On consideration of Appellant's motion to correct errata, it is ordered that said motion is hereby granted.

______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-047

Friday, November 16, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0117/AR. U.S. v. Wesley A. YARBROUGH. CCA 20110987.

No. 13-0118/AR. U.S. v. David H. OSTEEN. CCA 20110219.

No. 13-0119/MC. U.S. v. Jonathan B. LAW. CCA 201100286.

No. 13-0120/AR. U.S. v. Timothy A. ANTHONY. CCA 20111110.

 

INTERLOCUTORY ORDERS

 

No. 12-0524/AR. U.S. v. Bruce L. KELLY. CCA 20090809. Appellee's motion to extend time to file a brief granted, up to and including November 30, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0604/NA. U.S. v. Richard R. MOTT. CCA 200900115. On consideration of Appellant's motion for leave to file an additional issue under United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), out of time and motion to file a portion of the joint appendix under seal, it is ordered that said motion for leave to file an additional issue under United States v. Grostefon out of time is hereby denied, and that said motion to file a portion of the joint appendix under seal is hereby granted.

 

No. 13-0016/AR. U.S. v. Daniel GASKINS. CCA 20080132. Appellant's motion to extend time to file a brief granted, up to and including December 7, 2012 and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0116/AR. U.S. v. Travis L. SMITH. CCA 20101040. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 5, 2012.

 

No. 13-0117/AR. U.S. v. Wesley A. YARBROUGH. CCA 20110987. Appellant's motion to extend time to file the supplement ot the petition for grant of review granted to December 6, 2012.

 

No. 13-0119/MC. U.S. v. Jonathan B. LAW. CCA 201100286. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 6, 2012.

 

No. 13-8012/AR. Nidal M. HASAN, Appellant v. Gregory GROSS, Colonel, U.S. Army Military Judge, Appellee. CCA 20120877.

Appellant's motion to waive submission of an additional joint appendix is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-046

Thursday, November 15, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 09-0441/AF. U.S. v. Joshua C. BLAZIER. CCA 36988. Review granted on the following issue:

 

WHETHER IT WAS HARMLESS BEYOND A REASONABLE DOUBT FOR THE MILITARY JUDGE TO ERRONEOUSLY ALLOW THE MILITARY PANEL TO CONSIDER HEARSAY FROM THE DRUG TESTING REPORTS AND DR. PAPA'S TESTIMONIAL REPETITION OF THAT HEARSAY.

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0697/AF. U.S. v. Timothy M. BAZAR. CCA 37548.

No. 13-0022/AR. U.S. v. Kelly A. STEWART. CCA 20090751.

No. 13-0024/NA. U.S. v. Spencer T. SOWERS. CCA 201100659.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0116/AR. U.S. v. Travis L. SMITH. CCA 20101040.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-045

Wednesday, November 14, 2012

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0687/AR. U.S. v. Daniel ZAVALAGAMEZ. CCA 20110197.

No. 13-0003/AR. U.S. v. Megan B. MCCLELLAN. CCA 20110484.

No. 13-0026/AR. U.S. v. Phillip P. WILSON. CCA 20110033.

No. 13-0054/AR. U.S. v. Sergio G. GARCIA. CCA 20111147.

No. 13-0055/AF. U.S. v. Jacoby C. GREENE. CCA 38068.

No. 13-0056/AF. U.S. v. William I. HAINES. CCA S32026.

No. 13-0057/AR. U.S. v. Michael D. FIELDS-BRADLEY. CCA 20120203.

No. 13-0058/AR. U.S. v. Donald D. DUKES, Jr. CCA 20120339.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0115/AR. U.S. v. Michael S. MILAY. CCA 20100621.

 

INTERLOCUTORY ORDERS

 

No. 11-0675/AR. U.S. v. Cassandra M. RILEY. CCA 20100084. Appellant's motion to extend time to file a brief granted, up to and including November 29, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0697/AF. U.S. v. Timothy M. BAZAR. CCA 37548. Appellant's motion for leave to file issue under seal is granted.

 

No. 13-0113/AR. U.S. v. Andre J. TERRY. CCA 20100571. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 3, 2012.

 

No. 13-5001/AR. U.S. v. Nicholas R. SCHELL. CCA 20110264. Appellee/Cross-Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 3, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-044

Tuesday, November 13, 2012

 

HEARINGS

 

No. 11-0547/AR. U.S. v. Ivan D. GOINGS. CCA 20080602.

No. 12-0496/NA. U.S. v. Dominic P. ALTIER. CCA 201000361.

No. 12-0408/MC. U.S. v. Lawrence G. HUTCHINS III. CCA 200800393.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0112/AF. U.S. v. Mathew W. SWINNEY. CCA 37890.

No. 13-0113/AR. U.S. v. Andre J. TERRY. CCA 20100571.

No. 13-0114/AR. U.S. v. Jared M. GAMBOA. CCA 20111008.

No. 13-5001/AR. U.S. v. Nicholas R. SCHELL. CCA 20110264.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8005/AF. John C. CALHOUN, Appellant v. United States, Appellee. CCA 37274. On consideration of the writ-appeal petition, it is ordered that said petition is hereby dismissed.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8013/AF. Barry R. NIXON, Sr., Petitioner v. The United States, and The United States Air Force Court of Criminal Appeals, Respondents. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.

 

INTERLOCUTORY ORDERS

 

No. 12-0229/AR. U.S. v. Roger S. DANES. CCA 20091072. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 29, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-043

Friday, November 9, 2012

 

CERTIFICATES FOR REVIEW FILED

 

No. 13-5001/AR. United States, Appellant v. Nicholas R. SCHELL, Appellee. CCA 20110264. Notice is hereby given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 this date on the following issues:

 

I. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN, CONTRARY TO THE PLAIN LANGUAGE OF 18 U.S.C. 2422(B), UNITED STATES v. BROOKS, 60 M.J. 495 (C.A.A.F. 2005), AND THE UNITED STATES COURTS OF APPEALS, THE SERVICE COURT HELD THAT "THE INTENT ELEMENT OF ATTEMPTED PERSUASION, INDUCEMENT, OR ENTICEMENT REQUIRES [THAT] THE ACCUSED. . .MUST INTEND THAT THE MINOR, ULTIMATELY, ACTUALLY ENGAGE IN ILLEGAL SEXUAL ACTIVITY AS A RESULT OF HIS PERSUASION, INDUCEMENT, OR ENTICEMENT."

 

II. WHETHER THE ACCUSED'S UNSWORN STATEMENT DURING THE SENTENCING PHASE OF TRIAL WAS INCONSISTENT WITH HIS GUILTY PLEA.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0019/AR. U.S. v. John M. DODSON. CCA 20090378.

No. 13-0045/AF. U.S. v. Kagan B. DICKSON. CCA S32006.

No. 13-0046/AF. U.S. v. Krystal A. SPRINGER. CCA 38075.

No. 13-0048/AR. U.S. v. John N. PAPAIN. CCA 20111102.

No. 13-0049/AF. U.S. v. Donald J. MERNEIGH. CCA 38062.

No. 13-0051/AR. U.S. v. Terell D. BENTLEY. CCA 20110655.

No. 13-0052/AR. U.S. v. Johnny L.B. TYSON. CCA 20110993.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0229/AR. U.S. v. Roger S. DANES. CCA 20091072.*

No. 13-0109/AR. U.S. v. Kenneth G. EVANS. CCA 20111031.

No. 13-0110/AR. U.S. v. Shanice R. WILLIS. CCA 20110923.

No. 13-0111/AR. U.S. v. Anthony P. CADIZ. CCA 20110533.

_____________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-042

Wednesday, November 7, 2012

 

HEARINGS

 

No. 12-0451/AF. U.S. v. Pablo P. Irizarry, Jr. CCA 37748.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0107/AF. U.S. v. Micah J. E. SAGON. CCA 38022.

No. 13-0108/AR. U.S. v. Jason L. WALZ. CCA 20100934.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8011/AR. Nidal M. HASAN, Appellant v. Gregory GROSS, Colonel, U.S. Army, Military Judge, Appellee. CCA 20120876. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date. Appellee will file an answer to said writ-appeal on or before November 16, 2012.

 

Misc. No. 13-8012/AR. Nidal M. HASAN, Appellant v. Gregory GROSS, Colonel, U.S. Army, Military Judge, Appellee. CCA 20120877. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date. Appellee will file an answer to said writ-appeal on or before November 16, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No.13-041

Tuesday, November 6, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0106/AR. U.S. v. Scott M. RAYMOND. CCA 20110995.

 

PETITIONS FOR RECONSIDERATION DENIED

 

Misc. No. 12-8026/AR. Maurice K. ROBINS, Appellant v. United States, Appellee. CCA 20090996. Appellant's petition for reconsideration of this Court's order denying Appellant's writ-appeal petition is denied.

 

Misc. No. 12-8033/AR. Maurice K. ROBINS, Appellant v. United States, Appellee. CCA 20090996. Apellant's petition for reconsideration of this Court's order denying Appellant's writ-appeal petition is denied.

 

INTERLOCUTORY ORDERS

 

No. 12-0336/AR. U.S. v. Chrstopher L. COVINGTON. CCA 20090877. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 26, 2012.

 

No. 12-0385/AR. U.S. v. Robert T. TOUSSANT. CCA 20090839. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 20, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 12-0496/NA. U.S. v. Dominic P. ALTIER. CCA 201000361. Motion to file a supplemental joint appendix granted.

 

No. 13-0068/AR. U.S. v. Anderson B. TULL. CCA 20120179. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including November 26, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0070/AR. U.S. v. Robert E. MOORING III. CCA 20110397. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 26, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0103/MC. U.S. v. Alec R. SCOGIN. CCA 201200003. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 26, 2012.

 

No. 13-0104/MC. U.S. v. Dustin D. KISH. CCA 201100404. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 26, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-040

Monday, November 5, 2012

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 10-0685/AF. U.S. v. Kenneth J. BURTON, Jr. CCA S31632. Review granted on the following issue:

 

WHETHER THE ERRONEOUS ADMISSION OF THE COVER MEMORANDUM AND THE SPECIMEN CUSTODY DOCUMENT'S CERTIFICATION OF APPELLANT'S DRUG TESTING REPORT WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

No briefs will be filed under Rule 25.

 

No. 12-0331/AR. U.S. v. Jamil V. WILLIAMS. CCA 20090619. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO INSTRUCT THE MEMBERS TO MAKE FINDINGS ON THE FACTORS IDENTIFIED IN UNITED STATES v. MARCUM, 60 M.J. 198 (C.A.A.F. 2004).

 

Briefs will be filed under Rule 25.

 

No. 13-0007/AR. U.S. v. Walter S. COLEMAN. CCA 20100417. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED IN FAILING TO GRANT A DEFENSE MOTION FOR MISTRIAL BASED ON THE TRIAL COUNSEL'S FAILURE TO DISCLOSE THAT APPELLANT'S CO-ACCUSED TESTIFIED AGAINST HIM IN EXCHANGE FOR THE STAFF JUDGE ADVOCATE'S RECOMMENDATION THAT HIS SENTENCE BE REDUCED BY TWELVE MONTHS.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0336/AR. U.S. v. Christopher L. COVINGTON. CCA 20090877.*

No. 13-0103/MC. U.S. v. Alec R. SCOGIN. CCA 201200003.

No. 13-0104/MC. U.S. v. Dustin D. KISH. CCA 201100404.

No. 13-0105/AR. U.S. v. Eric N. WERKMAN. CCA 20110772.

_______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-039

Friday, November 2, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0101/AF. U.S. v. Trevor M. WILEY. CCA S32032.

No. 13-0102/AF. U.S. v. Gerald D. HARVEY. CCA 37864.

 

INTERLOCUTORY ORDERS

 

No. 13-0097/AF. U.S. v. Jason K. LEKSE. CCA 37733. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 21, 2012.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-038

Thursday, November 1, 2012

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0611/AR. U.S. v. Luis F. DIETZ. CCA 20081031.*

No. 13-0097/AF. U.S. v. Jason K. LEKSE. CCA 37733.

No. 13-0098/AR. U.S. v. Frank A. BAILEY. CCA 20100533.

No. 13-0099/AR. U.S. v. Leslie BEASLEY. CCA 20110162.

No. 13-0100/AR. U.S. v. Mathew J. WILLIAMSON. CCA 20100828.

 

INTERLOCUTORY ORDERS

 

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2012.

 

No. 11-0400/AR. U.S. v. Michael T. MCNAUGHTON. CCA 20090596. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 9, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 11-0474/AR. U.S. v. Anthony P. KNOWLAND. CCA 20071405. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2012.

 

No. 11-0558/AR. U.S. v. Alvaro GARCIA, Jr. CCA 20080839. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 19, 2012.

 

No. 13-0037/AR. U.S. v. Eloy GONZALEZ. CCA 20100485. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 5, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 5, 2012, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0092/AR. U.S. v. Marcus R. DICKENS. CCA 20120178. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2012.

 

No. 13-0095/AR. U.S. v. Jeffrey W. SWARTZ. CCA 20091041. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 20, 2012.

_________________________________

 

* Third petition filed in this case.



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