UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-077

Monday, December 30, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0687/NA. U.S. v. Matthew R. MCVEIGH. CCA 201200161.

No. 14-0041/AR. U.S. v. Brandon A. TRIPP. CCA 20111018.

No. 14-0045/AR. U.S. v. Armando R. BACA. CCA 20100396.

No. 14-0088/AF. U.S. v. Robert P. WALLS. CCA 38078.

No. 14-0113/AR. U.S. v. Shawn M.E. PELLETIER. CCA 20100711.

No. 14-0115/MC. U.S. v. James C. WARNER. CCA 201200495.

No. 14-0116/AR. U.S. v. Michael B. LEDFORD. CCA 20130079.

No. 14-0136/AR. U.S. v. Forrest M. LOFFER. CCA 20120529.

No. 14-0142/AF. U.S. v. Gabriel U. BENTLEY. CCA 38097.

No. 14-0143/AF. U.S. v. Adam E. MONAHAN. CCA 38084.

No. 14-0145/NA. U.S. v. Brandon EVERSON. CCA 201300111.

No. 14-0152/AF. U.S. v. Cooney S. SARRACINO, Jr. CCA 37952.

No. 14-0165/AF. U.S. v. Nicanor E. REYES, Jr. CCA 38164.

No. 14-0177/AR. U.S. v. Tyson P. YEE. CCA 20110590.

No. 14-0205/AF. U.S. v. Brandon J. KIELISCH. CCA 38114.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0294/MC. U.S. v. Cody COLLIER. CCA 201300237.

No. 14-0295/AR. U.S. v. James E. FORD. CCA 20110417.

No. 14-0296/AR. U.S. v. Paul BEARDEN, Jr. CCA 20110754.

No. 14-0297/AR. U.S. v. Allen D. CHESTNUT. CCA 20120612.

No. 14-0298/AR. U.S. v. Edmond D. JONES. CCA 20111011.

No. 14-0299/AR. U.S. v. Ceasar A. LAUREANO. CCA 20110957.

No. 14-0300/AF. U.S. v. Cameron S. GILOW. CCA S32094.

No. 14-0301/AF. U.S. v. Jason W. HEPBURN. CCA S32073.

No. 14-0302/AF. U.S. v. Michael S. STEINKAMP, Jr. CCA S32078.

 

INTERLOCUTORY ORDERS

 

No. 14-0295/AR. U.S. v. James E. FORD. CCA 20110417. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.

 

No. 14-0296/AR. U.S. v. Paul BEARDEN, Jr. CCA 20110754. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.

 

No. 14-0297/AR. U.S. v. Allen D. CHESTNUT. CCA 20120612. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.

 

No. 14-0298/AR. U.S. v. Edmond D. JONES. CCA 20111011. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-076

Friday, December 27, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0290/AR. U.S. v. Nicholas R. SAMAR. CCA 20110971.

No. 14-0291/NA. U.S. v. Jacob A. BROWN. CCA 201300186.

No. 14-0292/AF. U.S. v. Joshua C. BOLTON. CCA 38259.

No. 14-0293/AR. U.S. v. Erik J. MILLER. CCA 20120948.

 

INTERLOCUTORY ORDERS

 

No. 14-0151/AR. U.S. v. Aaron M. MAGILL. CCA 20110640. On consideration of Appellant's motion to withdraw the petition for grant of review, it is ordered that said motion is hereby denied without prejudice to the subsequent filing of a motion to withdraw that complies with Rule 21(f) on or before January 13, 2014.

No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 15, 2014.

 

No. 14-0291/NA. U.S. v. Jacob A. BROWN. CCA 201300186. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 16, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-075

Thursday, December 26, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0287/NA. U.S. v. Vincent M. SANANTONIO. CCA 201200396.

No. 14-0288/AR. U.S. v. Jonathan C. HIATT. CCA 20110818.

No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057.

 

INTERLOCUTORY ORDERS

 

No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241. Appellee's motion to correct errata is granted.

 

No. 13-0487/AF. U.S. v. Marquis W. KNIGHT. CCA 38083. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2014.

 

No. 14-0225/AR. U.S. v. Anthony D. MCGEATHEY. CCA 20110990. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including January 10, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0285/AF. U.S. v. Richard F. GREENWOOD. CCA 38147. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2014.

 

No. 14-0286/AF. U.S. v. Matthew A. HEBERT. CCA 38150. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2014.

 

No. 14-0287/NA. U.S. v. Vincent M. SANANTONIO. CCA 201200396. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 15, 2014.

 

MANDATES ISSUED

 

No. 13-0283/AF. U.S. v. Timothy L. MERRITT. CCA 37608.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-074

Monday, December 23, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0044/AF. U.S. v. Morgan A. WINN. CCA 37772. Review granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FAILING TO ORDER A REHEARING ON SENTENCE.

 

No briefs will be filed under Rule 25.

 

No. 14-0057/AF. U.S. v. William R. JONES. CCA 38028. Review granted on the following issue:

 

PURSUANT TO THE SUPREME COURT'S HOLDING IN RYDER v. UNITED STATES, 515 U.S. 177 (1995), APPELLANT IS ENTITLED TO A HEARING BEFORE A PROPERLY CONSTITUTED PANEL OF THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA). WAS PETITIONER DENIED THAT RIGHT WHEN HIS CASE WAS HEARD BY A CIVILIAN JUDGE WHO WAS NOT PROPERLY APPOINTED TO THE AFCCA?

 

No briefs will be filed under Rule 25.

 

No. 14-0060/AF. U.S. v. Jeremy J. GRAWEY. CCA S32029. Review granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED THIS CASE WAS PROPERLY CONSTITUTED.

 

No briefs will be filed under Rule 25.

 

No. 14-0125/AF. U.S. v. Danny L. ANNIS. CCA 38001. Review granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED THIS CASE WAS PROPERLY CONSTITUTED.

 

No briefs will be filed under Rule 25.

 

No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Review granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED THIS CASE WAS PROPERLY CONSTITUTED.

 

No briefs will be filed under Rule 25.

 

No. 14-0156/AF. U.S. v. Devon P. JOHNSON. CCA S32047. Review granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED THIS CASE WAS PROPERLY CONSTITUTED.

 

No briefs will be filed under Rule 25.

 

No. 14-0157/AF. U.S. v. Alphonso K. DIXON. CCA S32061. Review granted on the following issue:

 

WHETHER THE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED THIS CASE WAS PROPERLY CONSTITUTED.

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0664/MC. U.S. v. Andrew A. CAMPBELL. CCA 201200434.

No. 13-0696/AR. U.S. v. Phillip L. BARTIE. CCA 20111179.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0487/AF. U.S. v. Marquis W. KNIGHT. CCA 38083.*

No. 14-0281/MC. U.S. v. Charles DAME III. CCA 201300103.

No. 14-0282/MC. U.S. v. Nathan G. SYMANKSY. CCA 201300123.

No. 14-0283/AF. U.S. v. Justin M. PIOLUNEK. CCA 38099.

No. 14-0284/AF. U.S. v. Jeremy R. SANCHEZ. CCA S32096.

No. 14-0285/AF. U.S. v. Richard F. GREENWOOD. CCA 38147.

No. 14-0286/AF. U.S. v. Matthew A. HEBERT. CCA 38150.

 

INTERLOCUTORY ORDERS

 

No. 13-0531/AF. U.S. v. Matthew B. ALBRIGHT. CCA 37961. Appellee's motion for leave to file a general opposition out of time is denied.

 

No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112. On further consideration of the above-captioned case and this Court's Order dated 10 July, 2013, it is ordered that briefs will be filed under Rule 25.

 

No. 13-0595/AF. U.S. v. Phillip T. BURLEIGH. CCA 37652. On consideration of appellate defense counsel's second motion for leave to withdraw, appellee's answer to the show cause order, and Appellant's August 5, 2013 letter requesting to defend himself, it appears the Appellant no longer desires representation by any Air Force counsel and wishes to represent himself. However, we note that in the second withdrawal motion, appellate defense counsel merely states that he has "substantially" complied with rather than "fully" complied with -- our order of August 2, 2013. Moreover, appellate defense counsel does not make any declaration, or provide us with other evidence, demonstrating that Appellant has been specifically and sufficiently advised of (1) his right to appellate review; (2) the effect of permitting the withdrawal of appellate defense counsel and declining any other legal representation; and (3) the effect of proceeding pro se. Further, appellate defense counsel does not make any declaration, or provide us with other evidence, demonstrating that Appellant understands these issues and nonetheless voluntarily agrees to release his appellate defense counsel and proceed pro se, and that Appellant understands this decision cannot be revoked.

Accordingly, it is ordered that action on the second motion to withdraw will be deferred pending receipt of information or documentation verifying that the aforementioned advice has been provided to the Appellant, and that, understanding this advice he still wishes to proceed pro se. Appellate defense counsel has 30 days from the date of this order to provide such information or documentation, or to provide an explanation as to why this order cannot be fully complied with, and the supplement filed by Captain James on September 3, 2013, will not be considered unless Appellant specifically consents to its consideration.

 

No. 14-0009/AR. U.S. v. Jesus GUTIERREZ, Jr. CCA 20120104. Appellee's motion for leave to file a supplemental joint appendix is granted.

 

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028. Appellee's motion to file a ten-day answer letter out of time is denied.

 

No. 14-0275/AR. U.S. v. Emanuel R. WATERS. CCA 20111073. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 9, 2014.

 

No. 14-0277/MC. U.S. v. Ronald MURPHY. CCA 201300100. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 9, 2014.

 

No. 14-0282/MC. U.S. v. Nathan G. SYMANKSY. CCA 201300123. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2014.

 

No. 14-0283/AF. U.S. v. Justin M. PIOLUNEK. CCA 38099. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2014.

____________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-073

Friday, December 20, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0179/AR. U.S. v. Brandon M. SIZEMORE. CCA 20111116.

No. 14-0185/AR. U.S. v. Troy D. BOUDELOCHE. CCA 20120134.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0274/AR. U.S. v. Nicholas D. BAILEY. CCA 20120240.

No. 14-0275/AR. U.S. v. Emanuel R. WATERS. CCA 20111073.

No. 14-0276/AF. U.S. v. Gregory D. WATERS. CCA S32075.

No. 14-0277/MC. U.S. v. Ronald MURPHY. CCA 201300100.

No. 14-0278/AR. U.S. v. Georgina A. TORRES (RESSY). CCA 20130018.

No. 14-0279/AR. U.S. v. Robert T. MARTINEZ. CCA 20120042.

No. 14-0280/AR. U.S. v. Michael L. TREAT. CCA 20110402.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-072

Thursday, December 19, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE CIVILIAN JUDGE ON APPELLANT'S AIR FORCE COURT OF CRIMINAL APPEALS PANEL WAS PROPERLY APPOINTED. See U.S. Const. Article II, Section 2, Clause 2; 10 U.S.C. 113 (2012); 5 U.S.C. 3101 (2012).

 

Briefs will be filed under Rule 25. Appellant's brief shall be filed within 15 days of the date of this order. Appellee's brief shall be filed within 10 days of the filing of Appellant's brief. Appellant may file a reply brief within 5 days of the filing of Appellee's brief. Requests for enlargements of time to file pleadings will not be favorably received.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0272/AR. U.S. v. Sergio URIBE. CCA 20130223.

No. 14-0273/AR. U.S. v. Kristopher R. HAVLOCK. CCA 20130290.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 13-0591/NA. U.S. v. Kenan H. BELTON. CCA 201200292. On consideration of Appellant's petition for reconsideration of this Court's order issued October 10, 2013, it is ordered that said petition for reconsideration is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. On consideration of Appellant's motion to file a brief in excess of fifty pages, the Court notes that Rule 24(b) of its Rules of Practice and Procedure provides that briefs filed with the Court shall not exceed thirty pages, unless otherwise authorized by order of the Court or by motion of a party granted by the Court. In addition, Rules 24(c) provides a type-volume limitation providing that briefs are acceptable if they contain no more than 14,000 words or 1,300 lines of text.

 

Appellant's motion requests permission to file a brief in excess of fifty pages, and proposes to submit a brief in excess of 500 pages. It is ordered that on or before January 3, 2013, Appellant supplement his motion with a review of federal circuit courts' capital case exceptions to the analogous page limitation under Rule 32(a)(7) of the Federal Rules of Appellate Procedure, if any, including any Supreme Court exceptions to its own page limitations in the context of capital cases.

 

BAR APPLICATION FEE CHANGED

 

Rule 13(c), Rules of Practice and Procedure, provides that an application for admission to the Bar of the Court will be accompanied with an application fee in an amount prescribed by Court order. Effective January 1, 2014, the application fee for admission to the Bar of the Court will be $50.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-071

Wednesday, December 18, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0270/AR. U.S. v. Terrance M. WALTON. CCA 20130241.

No. 14-0271/AR. U.S. v. James A. GENNETTE. CCA 20111118.

 

INTERLOCUTORY ORDERS

 

No. 14-0169/AR. U.S. v. Anthony P. VILLAREAL. CCA 20110738. On consideration of Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and motion to withdraw Grostefon matters, it is ordered that said motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is hereby denied, and that said motion to withdraw Grostefon matters is hereby denied as moot.

 

No. 14-0262/AF. U.S. v. Alan J. SIA. CCA S32071. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0267/AR. U.S. v. Michael L. ALVAREZ. CCA 20120368. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-5001/AR. U.S. v. Joshua R. SICKELS. CCA 20110110. Appellant's motion to file supplemental joint appendix granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-070

Tuesday, December 17, 2013

 

HEARINGS

 

No. 07-0725/MC. U.S. v. Jonathan E. LEE. CCA 200600543.

No. 13-0601/AF. U.S. v. Korey J. TALKINGTON. CCA 37785.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0074/AR. U.S. v. Ryan J. CALDERON. CCA 20120014.

No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932.

No. 14-0167/AF. U.S. v. Kevin H. STEIN. CCA 38142.

No. 14-0168/AF. U.S. v. Edgar L. DONWELL. CCA S32050.

No. 14-0173/AR. U.S. v. Randall A. WIECK. CCA 20110707.

No. 14-0174/AR. U.S. v. Preston R. RANDON. CCA 20120041.

No. 14-0175/AR. U.S. v. Dillon D. MURRAY. CCA 20120769.

No. 14-0176/AR. U.S. v. Barron A. DENMARK. CCA 20120760.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0260/AR. U.S. v. Ronald D. WASHINGTON. CCA 20110525.

No. 14-0261/AR. U.S. v. Elliot M. CARRASQUILLO. CCA 20110719.

No. 14-0262/AF. U.S. v. Alan J. SIA. CCA S32071.

No. 14-0263/AF. U.S. v. Tracy F. HILL. CCA 38161.

No. 14-0264/AF. U.S. v. Jeffrey D. EDWARDS. CCA 38190.

No. 14-0265/CG. U.S. v. Jaason LEAHR. CCA 1365.

No. 14-0266/AR. U.S. v. Javore L. BLACKWELL. CCA 20130031.

No. 14-0267/AR. U.S. v. Michael L. ALVAREZ. CCA 20120368.

No. 14-0268/AR. U.S. v. Dustin B. HALCOM. CCA 20111105.

No. 14-0269/AF. U.S. v. Jeffery M. BULLER. CCA 38145.

 

INTERLOCUTORY ORDERS

 

No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815. Appellant's motion to extend time to file a brief and joint appendix granted, up to and including January 8, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0199/AR. U.S. v. Bryce M. PHILLIPS. CCA 20120585. Appellant's motion to withdraw the petition for grant of review without prejudice granted.

 

No. 14-0204/AR. U.S. v. Derrick A. MILLER. CCA 20110651. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including January 2, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0209/AR. U.S. v. Roy L. STIFF, Jr. CCA 20110534. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including January 6, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0211/AR. U.S. v. Longino S. DAVIS. CCA 20110576. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including January 6, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0251/AF. U.S. v. Michael M. BRIDGES. CCA 38141. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0252/AR. U.S. v. Lonzell J. THREATS. CCA 20110187. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0253/AR. U.S. v. Vincent P. MALLETT. CCA 20111025. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0254/AR. U.S. v. Jack A. MICKLER. CCA 20110120. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0255/MC. U.S. v. Steven V. ROSARIO. CCA 201200502. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0256/AR. U.S. v. Jeffry T. MILLER. CCA 20110406. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

No. 14-0257/NA. U.S. v. Rory J. MITCHELL. CCA 201200455. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2014.

 

MANDATES ISSUED

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-069

Monday, December 16, 2013

 

HEARINGS

 

No. 13-0570/AF. U.S. v. Steven A. DANYLO. CCA 37916.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0251/AF. U.S. v. Michael M. BRIDGES. CCA 38141.

No. 14-0252/AR. U.S. v. Lonzell J. THREATS. CCA 20110187.

No. 14-0253/AR. U.S. v. Vincent P. MALLETT. CCA 20111025.

No. 14-0254/AR. U.S. v. Jack A. MICKLER. CCA 20110120.

No. 14-0255/MC. U.S. v. Steven V. ROSARIO. CCA 201200502.

No. 14-0256/AR. U.S. v. Jeffry T. MILLER. CCA 20110406.

No. 14-0257/NA. U.S. v. Rory J. MITCHELL. CCA 201200455.

No. 14-0258/AR. U.S. v. Christopher O. SMITH. CCA 20100706.

No. 14-0259/AR. U.S. v. Tyler J. GOULD. CCA 20110346.

 

INTERLOCUTORY ORDERS

 

No. 14-0073/AR. U.S. v. Jose A. GUZMAN-BONANO. CCA 20120011. Appellee's motion to file a 10-day answer letter out of time is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-068

Friday, December 13, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0248/AR. U.S. v. Joshua L. ALANIZ. CCA 20111170.

No. 14-0249/AR. U.S. v. Craig M. FISHER. CCA 20130611.

No. 14-0250/AF. U.S. v. Brayan L. ROSALES-LOPEZ. CCA 38276.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8006/NA. Andrew J. SHIFFLETT, Appellant v. Elizabeth A. HARVEY, Lieutenant Colonel, U.S. Marine Corps, Military Judge, Appellee. CCA 201300457. On consideration of the writ-appeal petition and Appellant's motion to stay proceedings, it is ordered that said writ-appeal is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review, and said motion is hereby denied as moot.

 

INTERLOCUTORY ORDERS

 

No. 14-0239/AR. U.S. v. Jose A. MARTINEZ. CCA 20120547. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 30, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-067

Thursday, December 12, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0242/AR. U.S. v. Steve A. FRASIER. CCA 20120744.

No. 14-0243/AR. U.S. v. Christopher J. LUMBERSON. CCA 20120686.

No. 14-0244/AR. U.S. v. Christopher K. CAUDILL. CCA 20111149.

No. 14-0245/AR. U.S. v. Keona M. ANDREWS. CCA 20130324.

No. 14-0246/AR. U.S. v. David E. GRAHAM. CCA 20110422.

No. 14-0247/AR. U.S. v. Edward WHIGHAM III. CCA 20130476.

 

INTERLOCUTORY ORDERS

 

No. 14-6001/NA. U.S. v. Taylor R. JANOWIAK. CCA 201300246. Appellant's motion to stay trial proceedings pending interlocutory appeal is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-066

Wednesday, December 11, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0122/AF. U.S. v. Alexander V. TAVAREZ. CCA S32120.

No. 14-0159/NA. U.S. v. Kevin C. DUFF. CCA 201300173.

No. 14-0160/AF. U.S. v. Jonathan G. ERIKSEN. CCA S32058.

No. 14-0161/AF. U.S. v. Adam E. MONAHAN. CCA S32119.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0509/AF. U.S. v. Benjamin J. SIZEMORE. CCA 38020.*

No. 14-0239/AR. U.S. v. Jose A. MARTINEZ. CCA 20120547.

No. 14-0240/MC. U.S. v. Melvin MANCIA-GONZALEZ. CCA 201300211.

No. 14-0241/NA. U.S. v. Randy L. STEVENS. CCA 201300116.

 

INTERLOCUTORY ORDERS

 

No. 14-0232/AF. U.S. v. Ryan A. GIBSON. CCA 38115. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 30, 2013.

 

No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 30, 2013.

 

No. 14-0237/AF. U.S. v. Ismael PEREZ. CCA S32074. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 30, 2013.

__________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-065

Monday, December 9, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592.*

No. 14-0231/AF. U.S. v. Alejandro E. GONZALEZ. CCA 38154.

No. 14-0232/AF. U.S. v. Ryan A. GIBSON. CCA 38115.

No. 14-0233/AF. U.S. v. Lorin J. GRIGSBY. CCA 38108.

No. 14-0234/AR. U.S. v. Michael S. HOLDEN. CCA 20111128.

No. 14-0235/AF. U.S. v. Juan H. SALAS. CCA 38120.

No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074.

No. 14-0237/AF. U.S. v. Ismael PEREZ. CCA S32074.

No. 14-0238/AF. U.S. v. Nico C. SANTOS. CCA 38172.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8005/AF. Yefrey S. MERCADO, Appellant v. United States, Appellee. CCA 2013-22. On consideration of the writ-appeal petition, and Appellant's motion to attach, it is ordered that said motion is hereby denied, and said writ-appeal is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review.

 

MISCELLANEOUS DOCKET FILINGS

 

Misc. No. 14-8006/MC. Andrew J. SHIFFLETT, Appellant v. Elizabeth A. HARVEY, Lieutenant Colonel, U.S. Marine Corps, Military Judge, Appellee. CCA 201300457. 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), together with a motion for a stay of proceedings on this date.

 

INTERLOCUTORY ORDERS

 

No. 14-0180/AF. U.S. v. Jeremy R. LYSON. CCA 38067. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including December 19, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0186/AR. U.S. v. Steven F. GUZMAN II. CCA 20100020. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including December 17, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0227/AR. U.S. v. Miguel A. GONZALEZ-CHAVEZ. CCA 20110811. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 26, 2013.

 

No. 14-0229/AF. U.S. v. Andrew C. CERTA. CCA 38037. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 26, 2013.

_____________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-064

Friday, December 6, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0225/AR. U.S. v. Anthony D. MCGEATHEY. CCA 20110990.

No. 14-0226/NA. U.S. v. Ricky L. BROWN. CCA 201300020.

No. 14-0227/AR. U.S. v. Miguel A. GONZALEZ-CHAVEZ. CCA 20110811.

No. 14-0228/AR. U.S. v. Christopher J. OKANE. CCA 20120019.

No. 14-0229/AF. U.S. v. Andrew C. CERTA. CCA 38037.

No. 14-0230/AR. U.S. v. Samuel R. SPOTTS. CCA 20111144.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-063

Thursday, December 5, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0086/AF. U.S. v. Thomas L. EASON. CCA 38091.

No. 14-0092/AR. U.S. v. Solomon E. SMITH. CCA 20110706.

No. 14-0111/AR. U.S. v. Timothy B. TAFOYA. CCA 20120241.

No. 14-0131/AR. U.S. v. Anthony D. MORROW Jr. CCA 20120791.

No. 14-0147/AR. U.S. v. John O. GATES. CCA 20110773.

No. 14-0149/AR. U.S. v. Dominique X. BEVERLY. CCA 20120528.

No. 14-0153/AR. U.S. v. Brian C. APPLEWHITE. CCA 20120939.

No. 14-0155/AR. U.S. v. Patrik N. LUDEKE. CCA 20121106.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0223/AR. U.S. v. Daniel A. DEMARSH. CCA 20110088.

No. 14-0224/AR. U.S. v. Ray R. ESPINOZA. CCA 20120723.

 

INTERLOCUTORY ORDERS

 

No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241. Appellee's motion to extend time to file a brief granted up to and including December 19, 2013, and absent extraordinary circumstances, no further extension of time will be granted.

 

No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Appellee's motion for leave to file a corrected copy of the answer to the supplement to the petition for grant of review granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-062

Wednesday, December 4, 2013

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ. CCA 37913. On further consideration of this case, it is ordered that said petition is granted on the following additional issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED APPELLANT'S CASE WAS PROPERLY CONSTITUTED.

 

The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review and consideration of the aforementioned issue under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. 866(c) (2012). The Hearing Notice issued on November 6, 2013, is hereby rescinded. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ. CCA 37913. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

INTERLOCUTORY ORDERS

 

No. 13-0601/AF. U.S. v. Korey J. TALKINGTON. CCA 37785. Appellant's motion to extend time to file a reply granted, up to and including December 12, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0077/AR. U.S. v. Robert L. DAVIS, Jr. CCA 20120244. Appellee's motion to file 10-day letter out of time is denied.

 

No. 14-0219/AF. U.S. v. Brandon J. MILES. CCA S32038. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-061

Tuesday, December 3, 2013

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 14-0166/AF. U.S. v. Brittany N. OLSON. CCA S32034. Review granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS PANEL THAT REVIEWED APPELLANT'S CASE WAS PROPERLY CONSTITUTED.

 

The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review and consideration of the aforementioned issue under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. 866(c)(2006). [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0166/AF. U.S. v. Brittany N. OLSON. CCA S32034. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0500/AF. U.S. v. Edward W. GUSSMAN. CCA 38048.*

No. 14-0219/AF. U.S. v. Brandon J. MILES. CCA S32038.

No. 14-0220/AR. U.S. v. Marquez D. WIMBERLY. CCA 20130213.

No. 14-0221/AF. U.S. v. William B. FILYAW. CCA S32062.

No. 14-0222/AF. U.S. v. Adrian TORRES. CCA 37623.

No. 14-6001/NA. U.S. v. Taylor R. JANOWIAK. CCA 201300246.

 

INTERLOCUTORY ORDERS

 

No. 13-0510/AF. U.S. v. Christopher S. FERRIS. CCA 37885. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.

 

No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309. Appellee's motion to file a ten-day letter out of time is denied.

 

No. 14-0172/AR. U.S. v. Daniel M. MCGINN. CCA 20100962. 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 20, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0210/AF. U.S. v. Matthew D. JOLIVET. CCA 38123. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 17, 2013.

 

No. 14-0211/AR. U.S. v. Longino S. DAVIS. CCA 20110576. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 17, 2013.

 

No. 14-0212/AR. U.S. v. Vanessa A. CHERRY. CCA 20110855. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 16, 2013.

 

No. 14-0213/AF. U.S. v. Christopher J. MARTIN. CCA 38222. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.

 

No. 14-0214/AF. U.S. v. Danny W. NEWTON. CCA 37882. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.

 

No. 14-0215/AR. U.S. v. Maria V. ESGUERRA. CCA 20110399. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.

 

No. 14-0218/AF. U.S. v. Dustin J. CAMP. CCA 38153. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 23, 2013.

_______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-060

Monday, December 2, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0078/AR. U.S. v. Michael B. MOLL. CCA 20120472.

No. 14-0128/AR. U.S. v. Joshua C. WAN. CCA 20121000.

No. 14-0135/CG. U.S. v. Avignone F. HUGHEY. CCA 1363.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0510/AF. U.S. v. Christopher S. FERRIS. CCA 37885.*

No. 14-0213/AF. U.S. v. Christopher J. MARTIN. CCA 38222.

No. 14-0214/AF. U.S. v. Danny W. NEWTON. CCA 37882.

No. 14-0215/AR. U.S. v. Maria V. ESGUERRA. CCA 20110399.

No. 14-0216/AF. U.S. v. Livingston T. TIMSUREN. CCA 38146.

No. 14-0217/AR. U.S. v. Michael J. TILLER. CCA 20120358.

No. 14-0218/AF. U.S. v. Dustin J. CAMP. CCA 38153.

_______________________________________

 

* Second petition filed in this case.



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