UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-042

Thursday, October 31, 2013

 

APPEALS SUMMARY DISPOSITIONS

 

No. 13-0619/NA. U.S. v. Gabriel A. MORA. CCA 201200335. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and Appellant's motion to supplement the record, said petition is granted and the decision of the Court of Criminal Appeals is affirmed.* Said motion is denied as moot.

 

* It is noted that the ruling of the military judge on MRE 412 matters was not sealed as required by MRE 412(c)(2). Accordingly, the Clerk is directed to seal Appellate Exhibit XXXVII.

 

No. 13-0717/AF. U.S. v. Zachary R. LYNCH. CCA 38094. 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?

 

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).

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0602/AR. U.S. v. Thomas C. FLESHER. CCA 20110449. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED THE TESTIMONY OF A PUTATIVE EXPERT WITNESS IN VIOLATION OF THE MILITARY RULES OF EVIDENCE AND CASE LAW ON BOLSTERING, EXPERT QUALIFICATIONS, RELEVANCE, AND THE APPROPRIATE CONTENT AND SCOPE OF EXPERT TESTIMONY.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0694/AR. U.S. v. Kevin A. GIBSON. CCA 20110247.

No. 13-0723/AR. U.S. v. Dwayne T. BROWN. CCA 20100916.

 

PETITIONS FOR GRANT OF REVIEW OTHER SUMMARY DISPOSITIONS

 

No. 13-0498/AF. U.S. v. Christopher J. MARTIN. CCA S32035.

No. 14-0011/AF. U.S. v. Kendall NORMAN. CCA 37495.

No. 14-0018/AF. U.S. v. Don WATKINS, Jr. CCA S32114.

No. 14-0022/AF. U.S. v. Kyle R. DIETZ. CCA 38117.

No. 14-0030/AF. U.S. v. James M. BOORE. CCA 38058.

No. 14-0038/AF. U.S. v. Kevin A. SLAGLE. CCA 38087.

No. 14-0039/AF. U.S. v. Yedeychem MANN. CCA 38124.

No. 14-0050/AF. U.S. v. Thomas N. PATTERSON. CCA 38031.

No. 14-0051/AF. U.S. v. Daniel P. OPENSHAW. CCA 38049.

No. 14-0054/AF. U.S. v. Sharmaine L. LATHAM. CCA 38107.

No. 14-0056/AF. U.S. v. Gregory D. WEBB. CCA 38071.

No. 14-0062/AF. U.S. v. Charles N. YOHE. CCA 37950.

No. 14-0063/AF. U.S. v. Jacinta-Marie R. TOMPKINS. CCA 37627.

No. 14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962.

No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.

No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.

No. 14-0108/AF. U.S. v. Zachary A. ZOLNOSKY. CCA 38103.

No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028.

No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116.

No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927.

No. 14-0126/AF. U.S. v. Chad R. MCCLELLAND-HALL. CCA 38258.

 

In each of the above cases, Appellee's motion to dismiss the petition for grant of review without prejudice and motion to treat Appellant's motion to vacate before the Air Force Court of Criminal Appeals as a motion for reconsideration are granted.

 

No. 14-0087/AF. U.S. v. Craig X. JORELL. CCA 38061.

No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.

No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.

 

In each of the above cases, Appellee's motion to dismiss the petition for grant of review without prejudice is granted.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0148/AR. U.S. v. Bradley D. FORSELL. CCA 20130047.

 

MISCELLANEOUS DOCKET SUMMARY DISPOSITIONS

 

No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. On consideration of the writ-appeal petition, Appellant's motion for a stay of trial proceedings, and Appellee's motion for leave to file an opposition to Appellant's motion for a stay of trial proceedings out of time, said motions are denied and said writ-appeal petition is denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review.

 

MISCELLANEOUS DOCKET FILINGS

 

No. 14-8005/AF. Yefry S. MERCADO, Petitioner v. Lieutenant Colonel Joshua E. KASTENBERG, Military Judge, Respondent.

Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) this date.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611. Appellant's petition for reconsideration of this Court's Order of April 17, 2013, is denied.

 

INTERLOCUTORY ORDERS

 

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, it is ordered that Appellee show cause on or before November 7, 2013, why the second motion for leave to withdraw should not be granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-041

Wednesday, October 30, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0700/AF. U.S. v. Christopher E. SELISKAR. CCA 38039.

No. 14-0037/AR. U.S. v. Timothy J. JANEIRO, Jr. CCA 20120519.

 

INTERLOCUTORY ORDERS

 

No. 13-0565/AR. U.S. v. Christopher R. KEARNS. CCA 20110348. Appellant's motion to correct errata granted.

 

No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including November 14, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. Appellant's motion to correct errata granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-040

Tuesday, October 29, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0075/AR. U.S. v. Daniel C. MOORE. CCA 20110436.

No. 14-0076/AF. U.S. v. Fred W. HESS. CCA 38232.

No. 14-0081/AR. U.S. v. Natashia P. RHODIE. CCA 20120437.

No. 14-0082/AR. U.S. v. Moises REYES. CCA 20121070.

No. 14-0085/AR. U.S. v. Damarcus D. MCGINTY. CCA 20110627.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0146/AR. U.S. v. Brandon D. MORRIS. CCA 20110587.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-039

Monday, October 28, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0069/AR. U.S. v. Alex M. JOHNSON. CCA 20110757.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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. 14-0144/AF. U.S. v. Jimmy HUGHES. CCA 37958.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-038

Friday, October 25, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0058/AR. U.S. v. Nathan R. KNIGHT. CCA 20110858.

No. 14-0059/AR. U.S. v. Nathan F. WERCINSKI. CCA 20121074.

No. 14-0064/AR. U.S. v. Michael L. TRANHUMPHRIES. CCA 20120536.

No. 14-0065/AR. U.S. v. Bobby K. FILLERS. CCA 20130032.

No. 14-0068/AR. U.S. v. Jesse D. BRAZEAL. CCA 20130102.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847.

No. 14-0139/AF. U.S. v. Jason E. MEGUIN. CCA 37966.

No. 14-0140/AR. U.S. v. Anthony VEGA. CCA 20121039.

No. 14-0141/AF. U.S. v. Daniel G. CHAPPELL. CCA S32027.

 

INTERLOCUTORY ORDERS

 

No. 13-0522/AF. U.S. v. David J.A. GUTIERREZ. CCA 37913. Appellant's motion to correct errata is granted.

 

No. 13-0601/AF. U.S. v. Korey J. TALKINGTON. CCA 37785. Appellant's motion to correct errata is granted.

 

No. 14-0137/AR. U.S. v. Daniella M. HOWARD. CCA 20120844. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 13, 2013.

 

No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 14, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-037

Thursday, October 24, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

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

No. 14-0137/AR. U.S. v. Daniella M. HOWARD. CCA 20120844.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-036

Wednesday, October 23, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 13-0732/AR. U.S. v. Daniel L. SMITH. CCA 20120513.

No. 14-0023/AR. U.S. v. Christopher M. DAHL. CCA 20110385.

No. 14-0052/AR. U.S. v. Marcelo G. BALBOA. CCA 20130253.

No. 14-0053/AR. U.S. v. Brian L. JEFFERSON. CCA 20111038.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0133/AR. U.S. v. Daniel L. HOOD. CCA 20120790.

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8004/AF. U.S. v. Samuel LOFTON, III. CCA 2011-10. Notice is hereby given that a writ-appeal petition for review of the decision 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. 14-0126/AF. U.S. v. Chad R. MCCLELLAND-HALL. CCA 38258. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2013.

 

No. 14-0131/AR. U.S. v. Anthony D. MORROW, Jr. CCA 20120791. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2013.

 

No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. Appellee's motion to correct errata is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-035

Tuesday, October 22, 2013

 

HEARINGS

 

No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 12-0524/AR. U.S. v. Bruce L. KELLY. CCA 20090809.

No. 13-0704/AR. U.S. v. Theodore HINOJOSA. CCA 20110735.

No. 13-0707/AF. U.S. v. John A. MCCRARY. CCA 38016.

No. 13-0718/NA. U.S. v. Mauricio R. DELGADO. CCA 201200473.

No. 14-0004/AF. U.S. v. Carlos E.F. THOMAS. CCA 37896.

No. 14-0016/AF. U.S. v. James T. SPENCER, III. CCA 37922.

No. 14-0021/AR. U.S. v. James O. MATHIS, Jr. CCA 20120580.

No. 14-0024/AR. U.S. v. Arthur J. CLAYTON, Jr. CCA 20110742.

No. 14-0025/AR. U.S. v. Anthony J. ELLIOTT. CCA 20110876.

No. 14-0043/AF. U.S. v. Sean WALL. CCA 37842.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0132/AR. U.S. v. Ismael MARTINEZ, Jr. CCA 20130088.

 

INTERLOCUTORY ORDERS

 

No. 14-0122/AF. U.S. v. Alexander V. TAVAREZ. CCA S32120. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 7, 2013.

 

No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2013.

 

No. 14-0125/AF. U.S. v. Danny L. ANNIS. CCA 38001. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 12, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-034

Monday, October 21, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0123/AF. U.S. v. Bobby R. RODRIGUEZ. CCA 37927.

No. 14-0124/AF. U.S. v. Jose J. AGUILAR. CCA 38260.

No. 14-0125/AF. U.S. v. Danny L. ANNIS. CCA 38001.

No. 14-0126/AF. U.S. v. Chad R. MCCLELLAND-HALL. CCA 38258.

No. 14-0127/AF. U.S. v. John I. RODRIGUEZ. CCA 38080.

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

No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.

No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-033

Friday, October 18, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0728/AR. U.S. v. Reshard D. GOUGIS. CCA 20120391.

No. 14-0042/AF. U.S. v. Bryan C. JONES. CCA S32015.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0118/AF. U.S. v. Anthony J. SOUZA. CCA 38271.

No. 14-0119/AF. U.S. v. Charles W. PAUL. CCA S32025.

No. 14-0120/AR. U.S. v. Paul A. SEWELL. CCA 20130028.

No. 14-0121/AF. U.S. v. Chad E. CARTWRIGHT. CCA 37641.

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

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's fourth motion to extend time to file a brief is granted to November 20, 2013.

 

No. 14-0087/AF. U.S. v. Craig X. JORELL. CCA 38061. Appellant's motion to attach is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-032

Thursday, October 17, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0607/AF. U.S. v. Matthew J. SOUSA. CCA 37889.

No. 14-0017/AF. U.S. v. Brian C. KATES. CCA S32018.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0117/AR. U.S. v. Joe N. TAYLOR, Jr. CCA 20111111.

 

INTERLOCUTORY ORDERS

 

No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. 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 Walter T. Cox III to perform judicial duties in the above-referenced case, and that Senior Judge Cox 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).

 

No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 31, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0114/NA. U.S. v. Justin H. MCMURRIN. CCA 200900475. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 5, 2013.

 

No. 14-0115/MC. U.S. v. James C. WARNER. CCA 201200495. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 5, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-031

Wednesday, October 16, 2013

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 13-0699/AR. U.S. v. Roberto L. QUINONEZ. CCA 20110211. 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 noted that in summarizing the findings, the court omitted any reference to the conviction under Charge III, Specification 3, for indecent exposure under Article 120, Uniform Code of Military Justice, 10 U.S.C. 920 (2006).

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0699/AR. U.S. v. Roberto L. QUINONEZ. CCA 20110211. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 14-0009/AR. U.S. v. Jesus GUTIERREZ, Jr. CCA 20120104. Review granted on the following issue:

 

WHETHER THE EVIDENCE OF STALKING WAS LEGALLY SUFFICIENT WHERE APPELLANT WAS ACQUITTED OF RAPE AND THE PROSECUTION RELIED ON THE EVIDENCE OF RAPE TO PROVE STALKING.

 

Briefs will be filed under Rule 25.

 

CERTIFICATES FOR REVIEW FILED

 

No. 14-5001/AR. U.S. v. Joshua R. SICKELS. CCA 20110110. 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 issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED WHEN IT HELD THAT DEFENSE COUNSEL'S INVESTIGATION AND PRESENTATION OF A SENTENCING CASE WAS INEFFECTIVE.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0675/AR. U.S. v. Demone M. WHIGHAM. CCA 20110181.

No. 13-0682/AR. U.S. v. Christopher G. CANADAY. CCA 20120243.

No. 13-0695/AR. U.S. v. James A. CRAWFORD. CCA 20110765.

No. 14-0019/AR. U.S. v. Joel F. BECKER. CCA 20120478.

No. 14-0028/AR. U.S. v. Daniel A. JENKINS. CCA 20121129.

No. 14-0032/AR. U.S. v. Jeraldo L. DUNCOMBE. CCA 20130090.

No. 14-0034/AR. U.S. v. Alexander M. SERRALTA. CCA 20121110.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0114/NA. U.S. v. Justin H. MCMURRIN. CCA 200900475.

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

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

 

INTERLOCUTORY ORDERS

 

No. 13-0607/AF. U.S. v. Matthew J. SOUSA. CCA 37889. On consideration of Appellant's motion to file the supplement to the petition for grant of review under seal, and the motion of Protect our Defenders for leave to file an Amicus Curiae brief in support of this Court's review of the MIL.R.EVID. 412 Balancing Test, it is ordered that Appellant's motion to file the supplement to the petition for grant of review under seal is hereby granted, and the motion of Protect our Defenders for leave to file an Amicus Curiae brief in support of this Court's review of the MIL.R.EVID. 412 Balancing Test is hereby denied as untimely filed under Rule 26(b), C.A.A.F. Rules of Practice and Procedure.

 

No. 13-0619/NA. U.S. v. Gabriel A. MORA. CCA 201200335. Appellant's motion to correct errata and motion for leave to file a reply to Appellee's opposition to Appellant's motion to supplement the record are granted.

 

No. 14-0073/AR. U.S. v. Jose A. GUZMAN-BONANO. CCA 20120011. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0074/AR. U.S. v. Ryan J. CALDERON. CCA 20120014. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0078/AR. U.S. v. Michael B. MOLL. CCA 20120472. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0111/AR. U.S. v. Timothy B. TAFOYA. CCA 20120241. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 4, 2013.

 

No. 14-0113/AR. U.S. v. Shawn M.E. PELLETIER. CCA 20110711. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 4, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-030

Tuesday, October 15, 2013

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055. Review granted on the following issue:

 

WHETHER SPECIFICATIONS 2 AND 3 OF CHARGE I ARE MULTIPLICIOUS.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0594/AR. U.S. v. Alice M. ROOSA. CCA 20100879.

No. 13-0712/AR. U.S. v. Arthur L. ROBERSON. CCA 20120498.

No. 14-0026/AR. U.S. v. Spencer D. JENKINS. CCA 20120357.

No. 14-0027/AR. U.S. v. Mark S. ASHLEY. CCA 20120566.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0112/AF. U.S. v. Buddy J. GERHARDT. CCA 37946.

No. 14-0113/AR. U.S. v. Shawn M.E. PELLETIER. CCA 20110711.

 

INTERLOCUTORY ORDERS

 

No. 13-0498/AF. U.S. v. Christopher J. MARTIN. CCA S32035. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 31, 2013.

 

No. 14-0066/AR. U.S. v. Jonathan J. BLAIR. CCA 20110846. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 30, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 31, 2013.

 

No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 31, 2013.

 

No. 14-8003/AF. U.S. v. Douglas A. TORO. CCA 2013-23. Appellant's motion for a stay of proceedings below is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-029

Friday, October 11, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0498/AF. U.S. v. Christopher J. MARTIN. CCA S32035.*

No. 14-0105/AR. U.S. v. John P. WARFIELD-RAMIREZ. CCA 20130490.

No. 14-0106/AR. U.S. v. Matthew J. NIES. CCA 20120843.

No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101.

No. 14-0108/AF. U.S. v. Zachary A. ZOLNOSKY. CCA 38103.

No. 14-0109/AF. U.S. v. Daniel M. BLAIR. CCA S32028.

No. 14-0110/AF. U.S. v. Joe A. MONTOYA IV. CCA 38116.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8003/AF. U.S. v. Douglas A. TORO. CCA 2013-23. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for a petition for extraordinary relief in the nature of mandamus or prohibition, and accompanying brief, were filed under Rule 27(b) on this date. Appellee will file an answer on or before the 21st day of October, 2013.

 

 

INTERLOCUTORY ORDERS

 

No. 13-0442/MC. U.S. v. Charles C. HORNBACK. CCA 201200241. Appellant's motion to extend time to file a brief granted, up to and including November 8, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On consideration of the motions to appear pro hac vice, to allow the appearance of a law student on behalf of amicus curiae (Anthony Pellegrini), for Anthony Pellegrini to appear as amicus curiae, to submit oral argument, to file an amicus curiae brief, and to file corrected briefs, it is ordered that said motions are hereby granted, and the amicus curiae will be allotted 10 minutes to present oral argument.

 

No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064. Appellant's motion to extend time to file the supplement granted, but only up to and including October 24, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including October 24, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457. 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 November 1, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 30, 2013.

_____________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-028

Thursday, October 10, 2013

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019. Review granted on the following issue:

 

WHETHER THE AIR FORCE COURT'S DECISION MUST BE SET ASIDE BECAUSE ONE OF THE JUDGES WHO PARTICIPATED IN THE DECISION OF APPELLANT'S CASE WAS UNCONSTITUTIONALLY APPOINTED.

 

In light of Ryder v. United States, 515 U.S. 177 (1995) and United States v. Carpenter, 37 M.J. 291 (C.M.A. 1993), vacated, 515 U.S. 1138 (1995), 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 further review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866 (2006), by a properly appointed Court of Criminal Appeals. Thereafter, Article 67(a), UCMJ, 10 U.S.C. 867(a) (2006) will apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0591/NA. U.S. v. Kenan H. BELTON. CCA 201200292.

No. 13-0730/AR. U.S. v. David J. POGGIOLI. CCA 20110656.

No. 14-0002/AR. U.S. v. Corey S. LEBEAU. CCA 20111096.

No. 14-0015/AR. U.S. v. Ryan D. DAVIS. CCA 20120658.

No. 14-0020/AR. U.S. v. Thomas R. BALDWIN. CCA 20120033.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0104/AR. U.S. v. Holly C. HARRISON. CCA 20120345.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8002/NA. U.S. v. Christopher J. SCHALEGER. CCA 20130247. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b), together with a motion for a stay proceedings, on this date.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 11-0104/AF. U.S. v. Edward T. HUDSON. CCA 37249. On consideration of Appellee's petition for reconsideration of this Court's order of August 14, 2013, it is ordered that said petition for reconsideration is denied.

 

INTERLOCUTORY ORDERS

 

No. 11-0567/AR. U.S. v. Eric L. NORDIN. CCA 20090044. Appellant's motion to substitute the supplement to the petition for grant of review is granted.

 

No. 13-0594/AR. U.S. v. Alice M. ROOSA. CCA 20100879. Appellant's motion for leave to substitute personal matters is granted.

No. 13-0717/AF. U.S. v. Zachary R. LYNCH. CCA 38094. Appellee's motion to strike Appellant's attachment of facts outside the record but included in Appellant's brief is denied.

 

No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On consideration of the motions to allow the appearance of a law student on behalf of amicus curiae (Jonathan Brown), to allow for Jonathan Brown to appear as amicus curiae, to submit oral argument, and to file an amicus curiae brief, it is ordered that said motions are hereby granted, and the amicus curiae will be allotted 10 minutes to present oral argument.

 

No. 14-0031/AF. U.S. v. Gary B. HIGGINS. CCA 38202. Appellant's motion to withdraw his petition for grant of review is granted.

 

No. 14-0103/AR. U.S. v. Robert A.C. PEARSON. CCA 20120324. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 29, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-027

Wednesday, October 9, 2013

 

HEARINGS

 

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

No. 13-0353/AF & 13-5007/AF. U.S. v. Laurence H. FINCH. CCA 38081.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0103/AR. U.S. v. Robert A.C. PEARSON. CCA 20120324.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-026

Tuesday, October 8, 2013

 

HEARINGS

 

No. 13-0345/AF. U.S. v. Robert M. PAYNE. CCA 37594.

No. 13-0518/AF. U.S. v. Jordan C. PASSUT. CCA 37755.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0688/AF. U.S. v. Daniel L. BERKHIMER. CCA 37850.

No. 14-0006/AR. U.S. v. Jason W. GOSSAGE. CCA 20120856.

No. 14-0007/AR. U.S. v. Zack T. ROSE. CCA 20111123.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 13-0715/AF. U.S. v. Andrew P. WITT. CCA 36785. On consideration of Appellee's motion to dismiss the petition for grant of review, motion to submit document, and second motion to submit document, it isordered that Appellee's motion to submit document is hereby denied, that Appellee's second motion to submit document is hereby granted, and that Appellee's motion to dismiss the petition for grant of review is hereby granted without prejudice.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0102/AR. U.S. v. Griffin A. LANEY. CCA 20130303.

 

INTERLOCUTORY ORDERS

 

No. 14-0001/AR. U.S. v. George D. MACDONALD. CCA 20091118. Appellant's third motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 18, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including October 23, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 28, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-025

Monday, October 7, 2013

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0320/AF. U.S. v. Chadrick L. CAPEL. CCA S31819.*

No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.

No. 14-0101/AF. U.S. v. Juan H. SALAS. CCA 37949.

____________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-024

Friday, October 4, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0663/AF. U.S. v. Christian L. DAVIS. CCA 38077.

No. 13-0703/AR. U.S. v. Ruele R. STRONG. CCA 20121045.

No. 13-0726/AF. U.S. v. Winston A. GORDON, Jr. CCA S32008.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0094/AF. U.S. v. William A. EWING, Jr. CCA 37891.

No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.

No. 14-0096/AF. U.S. v. Travis W. PRICE. CCA 38045.

No. 14-0097/AR. U.S. v. Keith A. FERRERO. CCA 20130036.

No. 14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962.

No. 14-0099/AF. U.S. v. Phillip E. WARREN. CCA 37908.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8001/AR. Jeffrey A. SINCLAIR, Appellant v. United States of America, and James L. Pohl, Colonel, U.S. Army, Military Judge. CCA 20130751. On consideration of the writ-appeal petition, Appellant's motion for a stay of proceedings, and motion to appear pro hac vice, said motion to appear pro hac vice is hereby granted, said motion for a stay of proceedings is hereby denied, and said petition is hereby denied without prejudice to Appellant's right to raise the issues asserted during the course of normal appellate review.

 

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 October 22, 2013.

 

No. 13-0443/AR. U.S. v. Dustin R. HOGAN. CCA 20110172. Appellant's motion to extend time to file the petition for reconsideration out of time is denied.

No. 14-0093/AR. U.S. v. Ryan R. DAVIDSON. CCA 20110512. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 22, 2013.

 

No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872. On consideration of Appellant's "Motion to treat out of time motion to reconsider before the Air Force Court of Criminal Appeals as a timely filed motion to reconsider," which this Court construes as a motion to extend time to file the supplement to the petition for grant of review, said motion is hereby granted to October 24, 2013.

 

No. 14-0098/AF. U.S. v. David D.B. LUCKADO. CCA 37962. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 24, 2013.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-023

Thursday, October 3, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0683/AR. U.S. v. Aaron X. TAYLOR. CCA 20111066.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 13-0426/AF. U.S. v. Andre G. GNASH. CCA S32067. On consideration of Appellant's motion for leave to file a second petition for grant of review, and motion for leave to file the supplement separately, we note that Appellant filed a motion to vacate the decision of the United States Air Force Court of Criminal Appeals with that court on the same date that the instant motions were filed in this Court. Accordingly, it is ordered that said motion for leave to file a second petition for grant of review is hereby denied without prejudice to Appellant's right to seek review in this Court following the conclusion of the litigation pending in the lower court. See C.A.A.F. R. 19(g), and that said motion for leave to file the supplement separately is hereby denied as moot.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0091/AF. U.S. v. John W. COLVETT. CCA 38079.

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

No. 14-0093/AR. U.S. v. Ryan R. DAVIDSON. CCA 20110512.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 13-0265/NA. U.S. v. Decker B. JORDAN. CCA 201100621. On consideration of Appellant's petition for reconsideration of this Court's order issued June 18, 2013, and motion to supplement the record, it is ordered that said motion is hereby denied, and that said petition for reconsideration is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted, up to and including October 17, 2013, and absent extraordinary circumstances, no further extension of time will be granted in this case.

__________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-022

Wednesday, October 2, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0666/AR. U.S. v. Charles A. FOXX. CCA 20110272.

No. 13-0677/AF. U.S. v. David J. CHARGUALAF. CCA 38023.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0090/AR. U.S. v. Demontra J. JACKSON. CCA 20130093.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-021

Tuesday, October 1, 2013

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0678/AF. U.S. v. Christopher B. REED. CCA 37632.

 

PETITIONS FOR GRANT OF REVIEW - OTHER SUMMARY DISPOSITIONS

 

No. 13-0504/AF. U.S. v. Matthew B. MCKEEVER. CCA 38026. On consideration of Appellant's motion to withdraw the petition for grant of review and the supplement thereto without prejudice and motion to attach signed consent to motion to withdraw the petition for grant of review, it is ordered that said motions are hereby granted.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0089/AR. U.S. v. Robert J. ALGER. CCA 20121054.

 

INTERLOCUTORY ORDERS

 

No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611. Appellant's motion to extend time to file a petition for reconsideration is granted to October 10, 2013.

 

No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2013.

 

No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2013.

 

No. 14-0084/AR. U.S. v. Christopher GRAY. CCA 20090259. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2013.

 

No. 14-0086/AF. U.S. v. Thomas L. EASON. CCA 38091. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 21, 2013.

 

No. 14-0088/AF. U.S. v. Robert P. WALLS. CCA 38078. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 21, 2013.



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