UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-154

Tuesday, April 30, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0283/AF. U.S. v. Timothy L. MERRITT. CCA 37608. Review granted on the following issues:

I. WHETHER APPELLANT'S CONSTITUTIONAL RIGHT TO FAIR NOTICE THAT AN ACT IS CRIMINAL WAS VIOLATED IN SPECIFICATION 2 OF THE CHARGE, WHERE THE ALLEGED OFFENSE OCCURRED IN MAY 2006 BUT CONGRESS DID NOT CRIMINALIZE THE INTENTIONAL VIEWING OF CHILD PORNOGRAPHY UNTIL OCTOBER 2008.

II. WHETHER APPELLANT'S DUE PROCESS RIGHT TO TIMELY APPELLATE REVIEW WAS VIOLATED WHERE THE AIR FORCE COURT DECIDED APPELLANT'S CASE ONE THOUSAND AND TWENTY-FOUR DAYS AFTER IT WAS DOCKETED.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0260/AR. U.S. v. Patrick A. FAUST. CCA 20090080.

No. 13-0334/AF. U.S. v. Joshua D. HALL. CCA 37700.

No. 13-0357/AR. U.S. v. Bob L. WHITFIELD. CCA 20100774.

No. 13-0367/AR. U.S. v. Jeffrey A. WEDLUND. CCA 20110637.

No. 13-0375/AR. U.S. v. Brandon M. WYSONG. CCA 20120162.

No. 13-0376/AR. U.S. v. Cordric L. COLEMAN. CCA 20110740.

No. 13-0381/AF. U.S. v. Kevin M. BOOKS. CCA 37938.

No. 13-0382/AF. U.S. v. Travis S. HAYNES. CCA S31927.

No. 13-0385/AF. U.S. v. Mathew T. REINDL. CCA S31993.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8034/AF. In re Dennis D. KELLER, Petitioner.Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus or, in the alternative, a writ of mandamus was filed under Rule 27(a) on this date.

 

INTERLOCUTORY ORDERS

 

No. 13-0430/NA. U.S. v. Joshua P. JACKSON. CCA 201200418. Appellant's motion to correct errata is granted.

 

No. 13-0460/NA. U.S. v. Ryan L. SANSCHAGRIN. CCA 201200333. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 20, 2013.

 

No. 13-0461/AR. U.S. v. Brian S. MULLINS. CCA 20110133. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 20, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-153

Monday, April 29, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0460/NA. U.S. v. Ryan L. SANSCHAGRIN. CCA 201200333.

No. 13-0461/AR. U.S. v. Brian S. MULLINS. CCA 20110133.

No. 13-0462/AR. U.S. v. Michael A. WILLIAMSON. CCA 20110881.

No. 13-0463/AR. U.S. v. Andre L. MAY. CCA 20120752.

No. 13-0464/AR. U.S. v. Michael D. STIMPEL. CCA 20100310.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-152

Friday, April 26, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0274/AF. U.S. v. Steven J. DIMATTEO. CCA 37552.

No. 13-0294/AR. U.S. v. Michael T. GLAD. CCA 20110066.

No. 13-0297/NA. U.S. v. Stetson O. HOLMES. CCA 201100602.

No. 13-0322/AR. U.S. v. Juan J. ESTRADA. CCA 20120638.

No. 13-0360/AF. U.S. v. Corey A.H. BOLIEAU. CCA 37836.

No. 13-0361/AR. U.S. v. Justin A. PEAVY. CCA 20110884.

No. 13-0362/AR. U.S. v. Daniel A. WILDMAN. CCA 20120388.

No. 13-0365/AF. U.S. v. Scott A. KLEIN. CCA 37833.

No. 13-0366/AR. U.S. v. Roberto A. ROMERO. CCA 20111109.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0457/AR. U.S. v. James A.L. MEASE. CCA 20120651.

No. 13-0458/AR. U.S. v. Christopher R. JACKSON. CCA 20110579.

No. 13-0459/AR. U.S. v. Rollan D. MEAD. CCA 20110717.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-151

Thursday, April 25, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0454/AR. U.S. v. Timothey R. McCRARY, Jr. CCA 20120587.

No. 13-0455/AR. U.S. v. Steven A. WILLIAMS. CCA 20110632.

No. 13-0456/AF. U.S. v. Joseph R. SHOCKLEY. CCA 37884.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-150

Wednesday, April 24, 2013

 

APPEALS-SUMMARY DISPOSITIONS

No. 13-0295/AR. U.S. v. Leslie BEASLEY. CCA 20110616. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is directed that the promulgating order be corrected to reflect that Appellant pleaded guilty to and was found guilty of Specification 1 of Charge II.

 

No. 13-0370/AR. U.S. v. Anthony M. SAWYERS. CCA 20111065. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is directed that the promulgating order be corrected to reflect the amended portion of Specification 3 of Charge II to allege: "In that Sergeant (E-5) Anthony M. Sawyers, U.S. Army, then Sergeant (E-5) Anthony M. Sawyers, U.S. Marine Corps, did, at or near Camp Lejeune, North Carolina, between on or about 1 January 2007 and on or about 30 September 2007, on divers occasions, commit an indecent act with S.M.M., a female under 16 years of age, not the wife of the said Anthony M. Sawyers, by placing his hands upon her groin, with intent to arouse the sexual desire of the said S.M.M. and the said Sergeant Anthony M. Sawyers, such conduct being of a nature to bring discredit upon the Armed Forces."

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0295/AR. U.S. v. Leslie BEASLEY. CCA 20110616. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 13-0332/MC. U.S. v. Chad J. BATCHELDER. CCA 201200180. Review granted on the following issue:

 

AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE. APPELLANT WAS SENTENCED BY A MILITARY JUDGE WHO LATER STATED THAT DEFENDANTS ARE GUILTY, REFERRED TO DEFENDANTS AS SCUMBAGS, AND STATED THAT DEFENDANTS NEED TO BE CRUSHED. WAS APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?

 

No briefs will be filed under Rule 25.

 

No. 13-0352/MC. U.S. v. Michael A. ARNOLD. CCA 201200382. Review granted on the following issue:

 

AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE. APPELLANT WAS SENTENCED BY A MILITARY JUDGE WHO LATER STATED THAT DEFENDANTS ARE GUILTY, REFERRED TO DEFENDANTS AS SCUMBAGS, AND STATED THAT DEFENDANTS NEED TO BE CRUSHED. WAS APPELLANT DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JUDGE?

 

No briefs will be filed under Rule 25.

 

No. 13-0370/AR. U.S. v. Anthony M. SAWYERS. CCA 20111065. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0341/AF. U.S. v. Frank R. SMITH, Jr. CCA 37879.

No. 13-0354/AR. U.S. v. Blaine J. FRANKLIN. CCA 20100861.

No. 12-0377/AR. U.S. v. Randy A. GIDDENS. CCA 20090598.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 13-0377/AF. U.S. v. Bobbie J. ARRINGTON. CCA 37698. On consideration of Appellee's motion to dismiss the petition for grant of review, motion for an enlargement of time to file an answer to the supplement to the petition for grant of review and motion to supplement the record, it is ordered that said motion to dismiss the petition for grant of review is hereby granted without prejudice, and that said motions for an enlargement of time to file an answer to the supplement to the petition for grant of review and to supplement the record are hereby denied as moot.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0452/AR. U.S. v. Danielle R. JOHNSON. CCA 20111159.

No. 13-0453/AF. U.S. v. Shawn T. HAWES. CCA S31962.

 

INTERLOCUTORY ORDERS

 

No. 10-0483/AR. U.S. v. David C. ELLERBROCK. CCA 20070925. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including May 8, 2013, 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. 13-149

Tuesday, April 23, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 10-5004/AF. U.S. v. Ryan D. HUMPHRIES. CCA 37491. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY FAILING TO INSTRUCT THE MEMBERS ON THE FACTORS IDENTIFIED BY UNITED STATES v. MARCUM THAT ALLOW AN ACT OF CONSENSUAL SODOMY TO BE CRIMINALIZED IN THE MILITARY.

 

No briefs will be filed under Rule 25.

 

No. 11-0537/MC. U.S. v. Christopher M. HARRIS. CCA 201000341. Review granted on the following issue:

 

WHETHER THE GOVERNMENT'S FAILURE TO ALLEGE THE TERMINAL ELEMENT IN SPECIFICATION 2 OF CHARGE III RESULTED IN MATERIAL PREJUDICE TO APPELLANT'S CONSTITUTIONAL RIGHT TO NOTICE.

 

No briefs will be file under Rule 25.

 

No. 13-0240/AR. U.S. v. Bradley G. HOWARD. CCA 20110109. Review granted on the following issue:

 

WHETHER APPELLANT'S CONVICTIONS UNDER ARTICLE 120(k), UCMJ, FOR ENGAGING IN SEXUAL RELATIONS IN THE PRESENCE OF OTHERS VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT IN LIGHT OF LAWRENCE v. TEXAS, 539 U.S. 558 (2003).

 

No briefs will be file under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0358/AR. U.S. v. Nicholas A. CASSATA. CCA 20120434.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0450/AR. U.S. v. Courtney M. JOHNSON. CCA 20120419.

No. 13-0451/AR. U.S. v. Robert S. FERGUSSON. CCA 20110539.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8033/AF. Jake A. SOERGEL, Appellant v. LtCol Stephen A. Sayeedi, USAF, in an official capacity as Art. 32, UCMJ, IO, Col Cassie B. Barlow, USAF, Commander, 88th ABW, in an official capacity as Art. 32, UCMJ, AA and the United States, Appellees. On consideration of the writ-appeal petition and motion to attach documents, it is ordered that said writ-appeal petition is hereby denied without prejudice, and said motion to attach documents is also denied.

 

INTERLOCUTORY ORDERS

 

No. 12-0658/AR. U.S. v. John RON. CCA 20100599. Appellant's motion to file additional matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.

 

No. 13-0321/NA. U.S. v. Christopher R. MORGAN. CCA 201200141. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to April 29, 2013.

 

No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039. 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 May 7, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0388/AR. U.S. v. Zakaria H. LOUTFI. CCA 20100489. 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 May 7, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including May 7, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including May 7, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0446/AR. U.S. v. William S. HARTGROVE. CCA 20100743. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 13, 2013.

 

No. 13-8032/NA. Bradley A. MORALES, Appellant, v. Colonel Eric Belcher, in his official capacity as Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, and the United States, Appellees. Appellees' motion to extend time to file an answer to the writ-appeal petition granted to May 9, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-148

Monday, April 22, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0339/AF. U.S. v. Timothy B. HELMS. CCA S31963.

No. 13-0355/AR. U.S. v. George D.L. STARR. CCA 20110908.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249.*

No. 13-0446/AR. U.S. v. William S. HARTGROVE. CCA 20100743.

No. 13-0447/AF. U.S. v. Scott M. BRUNS. CCA S32030.

No. 13-0448/AR. U.S. v. Marcos W. TORRES. CCA 20110898.

No. 13-0449/AF. U.S. v. Brian D. GARRIGAN. CCA 37920.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8033/AF. Jake A. SOERGEL, Appellant v. LtCol Stephen A. Sayeedi, USAF, in an official capacity as Art. 32, UCMJ, IO, Col Cassie B. Barlow, USAF, Commander, 88th ABW, in an official capacity as Art. 32, UCMJ, AA and the United States, Appellees. Notice is hereby given that a writ-appeal petition for review of the United States Air Force Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

INTERLOCUTORY ORDERS

 

No. 13-0244/NA. U.S. v. Donald J. BROWN. CCA 201100516. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above-referenced case, and that Senior Judge Effron has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2006).

___________________________________

 

* Fourth petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-147

Friday, April 19, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0172/NA. U.S. v. Austin A. MILES. CCA 201100578.

No. 13-0243/AF. U.S. v. Brian J. GERDS. CCA 37734.

No. 13-0287/AR. U.S. v. Jeremiah J. REED. CCA 20110878.

No. 13-0314/NA. U.S. v. Edmund L. GREENE. CCA 201200105.

No. 13-0317/AR. U.S. v. Brian J. RIEF. CCA 20120515.

No. 13-0320/AR. U.S. v. Jessie A. RUIZ. CCA 20111051.

No. 13-0326/AR. U.S. v. Dustin R. BASSHAM. CCA 20120252.

No. 13-0328/AR. U.S. v. Darrius T. WILSON. CCA 20101034.

No. 13-0344/AF. U.S. v. Charles D. MOORE. CCA 37968.

No. 13-0346/AF. U.S. v. Andrew T. PICKREL. CCA 380148.

No. 13-0347/AF. U.S. v. Yolanda HIGH. CCA 37777.

No. 13-0350/AF. U.S. v. Melissa A. CORDERO. CCA 37828.

No. 13-0351/AF. U.S. v. Corey D. S. HERNANDEZ. CCA 37741.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0444/MC. U.S. v. Steven W. MYRICK. CCA 201200404.

No. 13-0445/MC. U.S. v. Erik J. ELLIS. CCA 201200406.

 

INTERLOCUTORY ORDERS

 

No. 13-0270/MC. U.S. v. Bryan B. HARRIS. CCA 201200274. On consideration of Appellant's motion to withdraw the petition for grant of review, it is ordered that said motion to withdraw the petition is denied without prejudice to the filing of a subsequent motion to withdraw the petition that complies with Rule 21(f), Rules of Practice and Procedure. If appellate defense counsel is unable to comply with Rule 21(f), counsel may submit a subsequent motion to withdraw the petition that provides good cause for non-compliance accompanied by a separate motion under Rule 30 for leave to file a declaration explaining the efforts counsel has made to contact the Appellant. Appellate defense counsel shall comply with this order within 15 days.

 

MANDATES ISSUED

 

No. 12-0398/AR. U.S. v. Ryan A. BOWERSOX. CCA 20100580.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-146

Thursday, April 18, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0693/AR. U.S. v. Bradley O. TEMPLE. CCA 20090883.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241.

No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 13-0215/AF. U.S. v. Barry N. NIXON, Sr. CCA 37622. On consideration of Appellant's petition for reconsideration of this Court's order issued on April 3, 2013, it is ordered that said petition for reconsideration is hereby denied.

 

No. 13-0104/MC. U.S. v. Dustin D. KISH. CCA 201100404. On consideration of Appellee's petition for reconsideration of this Court's order issued on March 14, 2013, it is ordered that said petition for reconsideration is hereby denied.

 

INTERLOCUTORY ORDERS

 

13-0198/AR. U.S. v. Jayson L. STEAR. CCA 20100419. On consideration of Appellant's motion to file an additional matter pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), out of time, it is ordered that said motion is hereby denied.

 

No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 8, 2013.

 

No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 8, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-145

Wednesday, April 17, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243. Review granted on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS, AFTER DISAPPROVING THE FINDINGS OF GUILTY FOR CHARGE IV AND ITS SPECIFICATIONS AND AFTER CONSIDERING THIS HONORABLE COURT'S DECISION DISMISSING SPECIFICATION 3 OF CHARGE III, ERRED BY REASSESSING APPELLANT'S SENTENCE TO CONFINEMENT, FIRST FROM 31 YEARS TO 20 YEARS (IN THEIR INITIAL DECISION), AND THEN FROM 20 YEARS TO 11 YEARS (IN A SUBSEQUENT DECISION), RATHER THAN DIRECTING A SENTENCE REHEARING.

 

Briefs will be filed under Rule 25.

 

No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611. Review granted on the following issue:

 

WHETHER THE TWO ARTICLE 134 SPECIFICATIONS UNDER CHARGE III ARE PREJUDICIALLY DEFECTIVE BECAUSE THEY DO NOT ALLEGE, EXPRESSLY OR BY NECESSARY IMPLICATION, THE TERMINAL ELEMENT.

 

Briefs will be filed under Rule 25.

 

No. 12-0448/MC. U.S. v. Jonathan E. LONSFORD. CCA 201100022. Review granted on the following issue:

 

WHETHER, UNDER THIS COURT'S DECISIONS IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011), UNITED STATES v. BALLAN, 71 M.J. 28 (C.A.A.F. 2012), AND UNITED STATES v. HUMPHRIES, 71 M.J. 209 (C.A.A.F. 2012), APPELLANT SUFFERED MATERIAL PREJUDICE TO A SUBSTANTIAL RIGHT WHEN HE WAS CONVICTED UNDER TWO ADULTERY SPECIFICATIONS THAT FAILED TO ALLEGE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ.

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0306/AF. U.S. v. Andrew M. MONTELONGO. CCA S31882.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0439/AF. U.S. v. Donald L. HOLLENBAUGH III. CCA S31978.

No. 13-0440/AF. U.S. v. Miguel A. GASTELUM. CCA 37887.

No. 13-0441/AR. U.S. v. Jarrad T. ADAMS. CCA 20120151.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8024/AR. Gregory ROBERTSON, Appellant, v. United States, Appellee. CCA 20050565. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby denied.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 13-8031/AR. Ryan S. ANSELMI, Appellant v. Colonel Jeffery R. Nance, Military Judge, the U.S. Army, and the United States, Appellees. CCA 20130242. Notice is hereby given that a writ-appeal petition for review of the United States Army Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on this date.

Misc. No. 13-8032/NA. Bradley A. MORALES, Appellant v. Colonel Eric Belcher, in his official capacity as Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, and the United States, Appellees. CCA 201000057. Notice is hereby given that a writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on this date.

 

INTERLOCUTORY ORDERS

 

No. 13-0124/MC. U.S. v. William C. DALTON. CCA 201100521. Appellee's motion to correct errata is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-144

Tuesday, April 16, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0235/AR. U.S. v. Waseem ELHELOU. CCA 20110246. Review granted on the following issues:

 

I. WHETHER APPELLANT'S CONVICTION UNDER ARTICLE 120(k), FOR ENGAGING IN SEXUAL RELATIONS IN THE PRESENCE OF OTHERS VIOLATES THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT IN LIGHT OF LAWRENCE v. TEXAS, 539 U.S. 558 (2003).

 

II. WHETHER THE PLEA COLLOQUY BETWEEN THE MILITARY JUDGE AND APPELLANT WAS SUFFICIENT TO SUPPORT PLEAS OF GUILTY TO THE SPECIFICATIONS OF INDECENT ACTS UNDER ARTICLE 120(k).

 

No briefs will be filed under Rule 25.

 

CERTIFICATES FOR REVIEW FILED

 

No. 13-5005/AF. U.S., Appellant v. Patrick CARTER, Appellee. CCA 37715. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 this date on the following issues:

 

I. WHETHER APPELLEE SATISFIED HIS BURDEN TO DEMONSTRATE THAT THE DEFECTIVE SPECIFICATIONS UNDER ARTICLE 134, UCMJ, MATERIALLY PREJUDICED HIS SUBSTANTIAL RIGHTS WHEN HE WAS PROVIDED ACTUAL NOTICE OF THE TERMINAL ELEMENT THROUGH AN ARTICLE 32 REPORT RECEIVED PRIOR TO TRIAL.

 

II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS APPLIED AN ERRONEOUS STANDARD OF LAW WHEN EVALUATING WHETHER THE DEFECTIVE SPECIFICATIONS UNDER ARTICLE 134, UCMJ, MATERIALLY PREJUDICED APPELLEE'S SUBSTANTIAL RIGHTS BY FAILING TO CONSIDER WHETHER THE EVIDENCE ON THE MISSING ELEMENT WAS "OVERWHELMING AND ESSENTIALLY UNCONTROVERTED."

 

III. WHETHER THIS HONORABLE COURT SHOULD APPLY THE FOURTH PRONG OF THE PLAIN ERROR ANALYSIS AS ARTICULATED BY THE UNITED STATES SUPREME COURT IN UNITED STATES V. OLANO, 507 U.S. 725 (1993), WHEN ASSESSING WHETHER THE DEFECTIVE SPECIFICATIONS UNDER ARTICLE 134, UCMJ, MATERIALLY PREJUDICED APPELLEE'S SUBSTANTIAL RIGHTS IN THIS CASE.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0436/NA. U.S. v. Matthew R. GIFFORD. CCA 201200169.

No. 13-0437/MC. U.S. v. Jesse ROSALES. CCA 201200363.

No. 13-0438/AF. U.S. v. Dewey K. CLAWSON. CCA 37723.

 

INTERLOCUTORY ORDERS

 

No. 12-8027/AR. Center for Constitutional Rights, et al, Appellants v. United States, and Colonel Denise Lind, Military Judge, Appellees. CCA 20120514. On consideration of the motions filed by Guardian News and Media LLC for leave to file memorandum as Amicus Curiae out of time, and for leave to file declaration of Ed Pilkington, and Appellant's motion to supplement the record pursuant to Rules 30 and 30A, it is ordered that said motions filed by Guardian News and Media LLC to file a memorandum as Amicus Curiae out of time, and for leave to file declaration of Ed Pilkington are hereby denied, and that Appellant's motion to supplement the record pursuant to Rules 30 and 30A is hereby granted.

 

No. 13-0364/AR. U.S. v. Aaron M. PERNELL. CCA 20100978. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including April 29, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0368/AR. U.S. v. Kenyon T. TADLOCK. CCA 20110366. 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 April 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0369/AR. U.S. v. Corey A. MOORE. CCA 20110149. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including April 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0429/AR. U.S. v. Shaun M. WILLOUGHBY. CCA 20110100. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 6, 2013.

 

No. 13-0436/NA. U.S. v. Matthew R. GIFFORD. CCA 201200169. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 6, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-143

Monday, April 15, 2013

 

HEARINGS

 

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

No. 13-0013/AR. U.S. v. Paul R. JASPER. CCA 20100112.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0526/AR. U.S. v. Lawrence J. LAVERGNE, Jr. CCA 20090986.*

No. 13-0425/AF. U.S. v. Kasaandra C. DAVIS. CCA S31902.

No. 13-0426/AF. U.S. v. Andre G. GNASH. CCA S32067.

No. 13-0427/AR. U.S. v. Daniel R. WELCH. CCA 20110929.

No. 13-0428/AF. U.S. v. Lee W. PAYTON, Jr. CCA 37699.

No. 13-0429/AR. U.S. v. Shaun M. WILLOUGHBY. CCA 20110100.

No. 13-0430/NA. U.S. v. Joshua P. JACKSON. CCA 201200418.

No. 13-0431/AR. U.S. v. Andrew H. HORNING,. CCA 20110278.

No. 13-0432/AF. U.S. v. James R. POWDRILL, Jr. CCA 37983.

No. 13-0433/AF. U.S. v. Daniel W. NORTHERN, Jr. CCA 37984.

No. 13-0434/AF. U.S. v. James W. ROGERS. CCA S31971.

No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499.

 

INTERLOCUTORY ORDERS

 

No. 13-0419/AR. U.S. v. Alfred D. OKONIGBO. CCA 20110492. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 2, 2013.

 

No. 13-0421/AR. U.S. v. Justin K. ODOM. CCA 20100756. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 2, 2013.

 

No. 13-0422/AR. U.S. v. Andrew W. HAGA. CCA 20110362. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 2, 2013.

 

No. 13-0424/AF. U.S. v. Brian W. GROCKI. CCA 37982. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 2, 2013.

_______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-142

Friday, April 12, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0418/NA. U.S. v. Ronald B. DEGUZMAN. CCA 201200402.

No. 13-0419/AR. U.S. v. Alfred D. OKONIGBO. CCA 20110492.

No. 13-0420/AF. U.S. v. Travis A. SCHMIDT. CCA 38220.

No. 13-0421/AR. U.S. v. Justin K. ODOM. CCA 20100756.

No. 13-0422/AR. U.S. v. Andrew W. HAGA. CCA 20110362.

No. 13-0423/AR. U.S. v. Nicholas B. WATKINS. CCA 20110040.

No. 13-0424/AF. U.S. v. Brian W. GROCKI. CCA 37982.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-141

Thursday, April 11, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0300/AR. U.S. v. John H. ROGAN. CCA 20110650.

No. 13-0311/AR. U.S. v. Patrick T. WILLBARGER. CCA 20091026.

No. 13-0340/AF. U.S. v. Daniel S. CHIN. CCA S32046.

No. 13-0342/AR. U.S. v. Johnny W. TAYLOR, Jr. CCA 20120322.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 11-0559/NA. U.S. v. Jordan J. ESCOCHEASANCHEZ. CCA 201000093.

No. 13-0417/AR. U.S. v. Gabriel S. SANCHEZ. CCA 20120299.

 

INTERLOCUTORY ORDERS

 

No. 13-0415/AR. U.S. v. Ronald E. PLEASANT, Jr. CCA 20100437. Appellant's motion to extend time to file the supplement granted to April 29, 2013.

 

No. 13-0416/NA. U.S. v. Mallory A. LESTERUPSHUR. CCA 201200380. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 30, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-140

Wednesday, April 10, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0416/NA. U.S. v. Mallory A. LESTERUPSHUR. CCA 201200380.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-139

Tuesday, April 9, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0238/CG. U.S. v. Kiel JOHANSON. CCA 1356.

No. 13-0333/AR. U.S. v. Brandon D. JOHNSON. CCA 20110792.

No. 13-0337/AF. U.S. v. Emanuel R. WALKER. CCA 37865.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0414/AR. U.S. v. Yorberis SALDANA. CCA 20120647.

No. 13-0415/AR. U.S. v. Ronald E. PLEASANT, Jr. CCA 20100437.

 

INTERLOCUTORY ORDERS

 

No. 13-0408/MC. U.S. v. Don W. BAILEY. CCA 201200370. Appellant's motion to extend time to file the supplement the petition for grant of review granted to April 25, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-138

Monday, April 8, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 10-0178/AF. U.S. v. William J. ST. BLANC, Jr. CCA 37206.*

No. 13-0412/AF. U.S. v. Chad M. JOHNSON. CCA 37980.

No. 13-0413/AF. U.S. v. Justin P. GRANT. CCA 37898.

__________________________________

 

* Third petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-137

Friday, April 5, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0290/AR. U.S. v. Lakaryl Q. WATERS. CCA 20100026.

No. 13-0319/AR. U.S. v. Lemanuel A. SANTANA. CCA 20120746.

No. 13-0324/AR. U.S. v. Drew D. PALMER. CCA 20110896.

No. 13-0327/AR. U.S. v. Anthony W. FLOYD. CCA 20120507.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0405/AF. U.S. v. James M. FAUSEY. CCA 37862.

No. 13-0406/AF. U.S. v. Jeffrey D. HOOE. CCA S32065.

No. 13-0407/AF. U.S. v. David W. WINTERS. CCA 37915.

No. 13-0408/MC. U.S. v. Don W. BAILEY. CCA 201200370.

No. 13-0409/AR. U.S. v. Joseph L. LEE, Jr. CCA 20110968.

No. 13-0410/AF. U.S. v. Anthony Q. DUPREE. CCA S31828.

No. 13-0411/AF. U.S. v. Cory R. HALL. CCA S31889.

 

MANDATES ISSUED

 

No. 12-0313/MC. U.S. v. Andrew D. TEARMAN. CCA 201100195.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-136

Thursday, April 4, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0658/AR. U.S. v. John RON. CCA 20100599.

No. 13-0403/AR. U.S. v. Richard J. HAWES, Jr. CCA 20120183.

No. 13-0404/AF. U.S. v. Joshua P. BROOKS. CCA S32063.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 13-0127/MC. U.S. v. Preston D. WALKER. CCA 201100463. On consideration of Appellant's petition for reconsideration of this Court's order issued on March 13, 2013, and Appellee's motion to file an answer to the petition for reconsideration out of time, it is ordered that Appellant's petition for reconsideration is hereby denied, and that Appellee's motion to file an answer to the petition for reconsideration out of time is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 13-0124/MC. U.S. v. William C. DALTON. CCA 201100521. Appellee's motion to extend time to file a brief granted, but only up to and including April 15, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-0401/MC. U.S. v. Michael J. FOSTER. CCA 201200235. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 23, 2013.

 

No. 13-8030/NA. Audley G. EVANS, Appellant v. United States, Appellee. CCA 200600806. Appellee's motion to extend time to file an answer granted to April 15, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-135

Wednesday, April 3, 2013

 

HEARINGS

 

No. 13-0061/AR. U.S. v. Ted C. SQUIRE. CCA 20091106.

No. 13-0096/AR. U.S. v. Maurice S. WILSON. CCA 20110146.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0273/AF. U.S. v. Christopher D. WALTERS. CCA 37873. Review granted on the following issue:

 

WHETHER THE FINDING OF GUILTY TO SPECIFICATION 2 OF CHARGE II IN VIOLATION OF ARTICLE 134, UCMJ, WHICH DID NOT CHARGE THE TERMINAL ELEMENT AND TO WHICH APPELLANT PLEADED NOT GUILTY, MUST BE DISMISSED PURSUANT TO UNITED STATES v. HUMPHRIES, 71 M.J. 209 (C.A.A.F. 2012).

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0123/AR. U.S. v. Bryant K. MARSH. CCA 20080382.

No. 11-0431/AR. U.S. v. Clyde E. CALLWOOD. CCA 20080577.

No. 12-0286/AF. U.S. v. Paul A. TITCOMBE. CCA 37618.

No. 13-0202/AR. U.S. v. Kyle A. JUHL. CCA 20110836.

No. 13-0215/AF. U.S. v. Barry N. NIXON, Sr. CCA 37622.

No. 13-0253/AR. U.S. v. Kallai Q. SWANSON. CCA 20110702.

No. 13-0256/AR. U.S. v. David E. RICHARDS. CCA 20120346.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 10-0483/AR. U.S. v. David C. ELLERBROCK. CCA 20070925.

No. 13-0401/MC. U.S. v. Michael J. FOSTER. CCA 201200235.

No. 13-0402/AR. U.S. v. Anthony J. GREENE. CCA 20120072.

 

INTERLOCUTORY ORDERS

 

No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 

No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 

No. 13-0396/AF. U.S. v. Jarrod T. LUTES. CCA 37665. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 

No. 13-0397/AF. U.S. v. Jerome A. JONES, Jr. CCA 37528. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 

No. 13-0400/MC. U.S. v. Sheldon J. HOWARD. CCA 201200074. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-134

Tuesday, April 2, 2013

 

HEARINGS

 

No. 12-0616/AR. U.S. v. Timothy E. BENNITT. CCA 20100172.

No. 13-0186/MC. U.S. v. Joseph B. SALYER. CCA 201200145.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0373/AF. U.S. v. Jose S. MONSERRATE. CCA S31649.*

No. 13-0395/AF. U.S. v. John D. HORTON, Jr. CCA 38151.

No. 13-0396/AF. U.S. v. Jarrod T. LUTES. CCA 37665.

No. 13-0397/AF. U.S. v. Jerome A. JONES, Jr. CCA 37528.

No. 13-0398/AF. U.S. v. Nelson WILLIAMSON, Jr. CCA S31947.

No. 13-0400/MC. U.S. v. Sheldon J. HOWARD. CCA 201200074.

 

INTERLOCUTORY ORDERS

 

No. 13-0096/AR. U.S. v. Maurice S. WILSON. CCA 20110146. Appellant's motion to file a corrected brief granted.

____________________________________

 

* Second petition filed in this case.

 



UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 13-133

Monday, April 1, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0271/AF. U.S. v. Trevor L. BAGLEY. CCA S31876.

No. 13-0279/AR. U.S. v. Adam C. WINFIELD. CCA 20110675.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039.

No. 13-0388/AR. U.S. v. Zakaria H. LOUTFI. CCA 20100489.

No. 13-0389/AR. U.S. v. Christopher T. BURKS. CCA 20111177.

No. 13-0390/AR. U.S. v. Dyana T. THOMAS. CCA 20100182.

No. 13-0391/AR. U.S. v. Ian J. KRIEBEL. CCA 20110541.

No. 13-0392/AR. U.S. v. Kenneth F. PAPALEO II. CCA 20110977.

No. 13-0393/AR. U.S. v. Luke D. THURSTON. CCA 20110797.

No. 13-0394/AR. U.S. v. Christian B. MONTFORD. CCA 20110585.

No. 13-0399/AF. U.S. v. Jeffrey J. KIM. CCA 37613.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 13-8028/NA. Joseph M. MANCILLAS, Petitioner v. Navy-Marine Corps Court of Criminal Appeals, Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that said petition is hereby denied without prejudice.

 

INTERLOCUTORY ORDERS

 

No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.

 

No. 13-0388/AR. U.S. v. Zakaria H. LOUTFI. CCA 20100489. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 22, 2013.



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