UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-020
Monday, September 30,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0086/AF. U.S. v. Thomas L. EASON. CCA 38091.
No. 14-0087/AF. U.S. v. Craig X. JORELL. CCA 38061.
No. 14-0088/AF. U.S. v. Robert P. WALLS. CCA 38078.
SPECIAL
DOCKET MATTERS
No. 14-01. In the Matter of Michael C.
Hickey, Jr. It appearing that the
above-named attorney is a member of the Bar of this Court, that he was
suspended indefinitely from the practice of law by the Court of Appeals of
Maryland, that pursuant to Rule 15(b), Rules of Practice and Procedure, U.S.
Court of Appeals for the Armed Forces, said attorney was suspended from the
practice of law before the Court on September 5, 2013, and afforded 30 days to
show cause why he should not be disbarred, that said attorney submitted a reply
to the order to show cause on September 12, 2013, and upon consideration of the
action of the Court of Appeals of Maryland and the reply of said attorney, it is
ordered that Michael C. Hickey, Jr., is hereby suspended indefinitely from the
practice of law before this Court, effective this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-019
Friday, September 27,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0671/AR. U.S. v. Shawn M. HINES. CCA 20120024.
No. 13-0676/AF. U.S. v. Robert J. DUTTON. CCA S32002.
No. 13-0719/AR. U.S. v. Michael O. HARROLD. CCA 20110709.
No. 13-0722/AF. U.S. v. William H.
DAVENPORT. CCA
S32005.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0080/AR. U.S. v. Ryan L. BROWN. CCA 20110932.
No. 14-0081/AR. U.S. v. Natashia
P. RHODIE.
CCA
20120437.
No. 14-0082/AR. U.S. v. Moises
REYES. CCA 20121070.
No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457.
No. 14-0084/AR. U.S. v. Christopher GRAY. CCA 20090259.
No. 14-0085/AR. U.S. v. Damarcus
D. MCGINTY.
CCA
20110627.
INTERLOCUTORY
ORDERS
No. 14-0074/AR. U.S. v. Ryan J. CALDERON. CCA 20120014. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 15, 2013.
No. 14-0078/AR. U.S. v. Michael B. MOLL. CCA 20120472. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 15, 2013.
No. 14-0079/AR. U.S. v. Sean G. ZEPEDA. CCA 20120196. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 16, 2013.
In the
Matter of the
RULES
ADVISORY COMMITTEE
Pursuant to Rule 45 of the Rules of Practice
and Procedure, United States Court of Appeals for the Armed Forces, the
following persons, whose terms expire on September 30, 2013, are, this 27th day
of September, 2013, hereby reappointed as members of the Rules Advisory
Committee for terms expiring on September 30, 2016:
Professor Steven H. Goldblatt,
Chair
Michelle M. Lindo McCluer, Esq.
James E. McPherson, Esq.
The following members, whose terms expire on
the dates indicated below, remain on the Rules Advisory Committee:
To expire on September 30, 2014:
Edward F. Rodriguez,
Jr., Esq.
Colonel Patricia A. Ham, U.S. Army
Brian K. Keller, Esq.
To expire on September 30, 2015:
John F. DePue, Esq.
Malcolm Squires, Esq.
Colonel James Roan, U.S. Air Force
William A. DeCicco, Clerk of the Court, is an
ex officio member of the Committee, and serves as its Reporter.
The Court wishes to express its great
appreciation to David B. Goodhand, Esq., for his
outstanding service as a member of the Rules Advisory Committee.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-018
Thursday, September
26, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0637/NA. U.S. v. Thomas C. MOORE. CCA 201200332.
No. 13-0684/AR. U.S. v. Michael D.
LAFFERTY. CCA
20111155.
No. 13-0725/AF. U.S. v. Travis L. MCBRYDE. CCA 38109.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0074/AR. U.S. v. Ryan J. CALDERON. CCA 20120014.
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. 14-0077/AR. U.S. v. Robert L. DAVIS,
Jr. CCA
20120244.
No. 14-0078/AR. U.S. v. Michael B. MOLL. CCA 20120472.
No. 14-0079/AR. U.S. v. Sean G. ZEPEDA. CCA 20120196.
INTERLOCUTORY
ORDERS
No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 15, 2013.
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 15, 2013.
No. 14-0072/AR. U.S. v. Eddie N. DIVIDU,
Jr. CCA
20120355. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to October 15, 2013.
No. 14-0073/AR. U.S. v. Jose A.
GUZMAN-BONANO. CCA
20120011. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to October 15, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-017
Wednesday, September
25, 2013
APPEALS
- SUMMARY DISPOSITIONS
No. 13-0509/AF. U.S. v. Benjamin J.
SIZEMORE. CCA 38020. 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.
PETITIONS FOR
GRANT OF REVIEW DENIED
No. 13-0525/AR. U.S. v. Matthew D. BELL. CCA 20100266.
No. 13-0566/AF. U.S. v. Sean C. BOGDONAS. CCA 37725.
No. 13-0603/AR. U.S. v. Anthony J. MARINO. CCA 20120107.
No. 13-0609/AR. U.S. v. Gregory R. MIEDEMA. CCA 20110496.
No. 13-0640/NA. U.S. v. Michael C. MESICK. CCA 201200385.
No. 13-0644/AR. U.S. v. Alfred L.
PEMBERTON. CCA 20110127.
No. 13-0652/NA. U.S. v. Jesse O. COOPER. CCA 201200470.
No. 13-0654/AF. U.S. v. Jared R. BURDIN. CCA 38033.
No. 13-0662/AF. U.S. v. Kim L. SHARPE. CCA S32011.
No. 13-0668/AR. U.S. v. Gary L. LINDSEY. CCA 20110299.
No. 13-0691/AF. U.S. v. Randall W.
GILLILAND. CCA 37895.
No. 13-0708/AF. U.S. v. Corey L. PAYTON. CCA 37824.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0069/AR. U.S. v. Alex M. JOHNSON. CCA 20110757.
No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955.
No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679.
No. 14-0072/AR. U.S. v. Eddie N. DIVIDU, Jr. CCA 20120355.
No. 14-0073/AR. U.S. v. Jose A. GUZMAN-BONANO. CCA 20120011.
INTERLOCUTORY
ORDERS
No. 13-0671/AR. U.S. v. Shawn M. HINES. CCA 20120024. Appellant's
motion to file the supplement to the petition for grant of review out of time is
denied.
No. 13-7001/AR. U.S. v. Hasan
K. AKBAR. CCA 20050514. Appellant's third motion to extend time to file a brief is granted to
October 21, 2013.
No. 14-0061/AR. U.S. v. Gareth A. DRUMMOND. CCA 20110400. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 15, 2013.
No. 14-0062/AF. U.S. v. Charles N. YOHE. CCA 37950.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 15,
2013.
No.
14-0063/AF. U.S. v. Jacinta-Marie R. TOMPKINS. CCA 37627. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 15, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-016
Tuesday, September 24, 2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 07-0725/MC. U.S. v. Jonathan E. LEE. CCA 200600543.
Review granted on the following issue:
WHETHER
THE COURT OF CRIMINAL APPEALS ERRED IN FINDING NO DUE PROCESS VIOLATION WHERE
2,500 DAYS ELAPSED BETWEEN SENTENCING AND REMOVAL OF APPELLANT'S NAME FROM THE
TEXAS SEX OFFENDER REGISTRY.
Briefs will be filed
under Rule 25.
No. 13-0442/MC. U.S. v. Charles C.
HORNBACK. CCA
201200241. Review granted on the following issue:
WHETHER THE UNITED
STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING NO MATERIAL
PREJUDICE TO APPELLANT'S SUBSTANTIAL RIGHT TO A FAIR TRIAL AFTER IT ASSUMED,
WITHOUT DECIDING, THAT TRIAL COUNSEL'S ACTIONS AMOUNTED TO MISCONDUCT, AND
WHETHER THE MILITARY JUDGE'S CURATIVE INSTRUCTIONS SUFFICIENTLY ADDRESSED THE
CUMULATIVE NATURE OF SUCH CONDUCT AS WELL AS ANY CORRESPONDING PREJUDICE IN
LIGHT OF THE FACTORS IDENTIFIED IN UNITED STATES v. FLETCHER, 62 M.J. 175 (C.A.A.F. 2005).
Briefs will be filed
under Rule 25.
No. 13-0522/AF. U.S. v. David J.A.
GUTIERREZ. CCA
37913. Review granted on the following issues:
I. WHETHER
THE EVIDENCE WAS LEGALLY INSUFFICIENT TO FIND BEYOND A REASONABLE DOUBT THAT
APPELLANT COMMITTED ASSAULT LIKELY TO RESULT IN GRIEVOUS
BODILY HARM.
II. WHETHER
THE EVIDENCE WAS LEGALLY SUFFICIENT TO FIND BEYOND A REASONABLE DOUBT THAT
APPELLANT COMMITTED ADULTERY.
Briefs will be filed
under Rule 25.
No. 13-0565/AR. U.S. v. Christopher R.
KEARNS. CCA
20110348. Review granted on the following issue:
WHETHER THE EVIDENCE
WAS LEGALLY SUFFICIENT TO PROVE THAT APPELLANT HAD THE INTENT TO ENGAGE IN
CRIMINAL SEXUAL CONDUCT WITH KO, A MINOR, WHEN HE FACILITATED KO'S TRAVEL IN
INTERSTATE COMMERCE AND WAS FOUND GUILTY IN SPECIFICATION 1 OF CHARGE III OF
VIOLATING 18 U.S.C. SECTION 2423(a).
Briefs will be filed
under Rule 25.
No. 13-0601/AF. U.S. v. Korey J.
TALKINGTON. CCA
37785. Review granted on the following issue:
WHETHER
THE MILITARY JUDGE ERRED BY INSTRUCTING THE MEMBERS THAT CONSIDERATION OF SEX
OFFENDER REGISTRATION IS "NOT A MATTER BEFORE THEM" AND "FRAUGHT
WITH PROBLEMS."
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0446/AR. U.S. v. William S.
HARTGROVE. CCA
20100743.
No. 13-0460/NA. U.S. v. Ryan L.
SANSCHAGRIN. CCA
201200333.
No. 13-0467/MC. U.S. v. Wilson M. SABERON. CCA 201200103.
No. 13-0716/AR. U.S. v. Michael S. CLARK. CCA 20120364.
No. 13-0720/AR. U.S. v. Joshua J. FULTON. CCA 20120432.
No. 13-0721/AF. U.S. v. Zachary L. ODONNAL. CCA S32113.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0065/AR. U.S. v. Bobby K. FILLERS. CCA 20130032.
No. 14-0066/AR. U.S. v. Jonathan J. BLAIR. CCA 20110846.
No. 14-0067/AR. U.S. v. James A. HUBBARD. CCA 20120218.
No. 14-0068/AR. U.S. v. Jesse D. BRAZEAL. CCA 20130102.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-015
Monday, September 23, 2013
APPEALS -
SUMMARY DISPOSITIONS
No. 13-0196/MC. U.S. v. Brian P. HICKERSON. CCA 201100111. On further consideration of the granted
issue, 72 M.J. 159 (C.A.A.F.
2013), and in light of United States v. Kish, 72 M.J.
158 (C.A.A.F. 2013), it is ordered that the decision
of the United States Navy-Marine Corps Court of Criminal Appeals is set aside,
and the case is returned to the Judge Advocate General of the Navy for remand
to the Court of Criminal Appeals for further consideration after the conclusion
of its review in Kish.
No. 13-0213/MC. U.S. v. Daniel W. SANDERS. CCA 201300202. On further consideration of the granted
issue, 72 M.J. 159 (C.A.A.F. 2013), and in light of United States v. Kish,
72 M.J. 158 (C.A.A.F. 2013), it is ordered that the decision of the United
States Navy-Marine Corps Court of Criminal Appeals is set aside, and the case
is returned to the Judge Advocate General of the Navy for remand to the Court
of Criminal Appeals for further consideration after the conclusion of its
review in Kish.
No. 13-0241/MC. U.S. v. Richard T. PEARCE. CCA 201100110. On further consideration of the granted
issues, 72 M.J. 154 (C.A.A.F. 2013), and 72 M.J. 159 (C.A.A.F. 2013), in light
of United States v. Castellano, 72 M.J. 217 (C.A.A.F. 2013), and United
States v. Kish, 72 M.J. 158 (C.A.A.F. 2013), it is ordered that the
decision of the United States Navy-Marine Corps Court of Criminal Appeals is set
aside, and the case is returned to the Judge Advocate General of the Navy for
remand to the Court of Criminal Appeals for further consideration after the
conclusion of its review in Kish.
No. 13-0269/MC. U.S. v. Joshua W. TIGER. CCA 201300284. On further consideration of the granted
issue, 72 M.J. 167 (C.A.A.F. 2013), and in light of United States v. Kish,
72 M.J. 158 (C.A.A.F. 2013), it is ordered that the decision of the United
States Navy-Marine Corps Court of Criminal Appeals is set aside, and the case
is returned to the Judge Advocate General of the Navy for remand to the Court
of Criminal Appeals for further consideration after the conclusion of its
review in Kish.
No. 13-0332/MC. U.S. v. Chad J. BATCHELDER. CCA 201200180. On further consideration of the granted
issue, 72 M.J. 261 (C.A.A.F.
2013), and in light of United States v. Kish, 72 M.J.
158 (C.A.A.F. 2013), it is ordered that the decision
of the United States Navy-Marine Corps Court of Criminal Appeals is set aside,
and the case is returned to the Judge Advocate General of the Navy for remand
to the Court of Criminal Appeals for further consideration after the conclusion
of its review in Kish.
No. 13-0352/MC. U.S. v. Michael A. ARNOLD. CCA 201200382. On further consideration of the granted issue,
72 M.J. 261 (C.A.A.F. 2013), and in light of United States v. Kish, 72
M.J. 158 (C.A.A.F. 2013), it is ordered that the decision of the United States
Navy-Marine Corps Court of Criminal Appeals is set aside, and the cases are
returned to the Judge Advocate General of the Navy for remand to the Court of
Criminal Appeals for further consideration after the conclusion of its review
in Kish.
No. 13-0408/MC. U.S. v. Don W. BAILEY. CCA 201200370. On further consideration of the granted
issue, __ M.J. __ (C.A.A.F. August 5, 2013), and in light of United States
v. Kish, 72 M.J. 158 (C.A.A.F. 2013), it is ordered that the decision of
the United States Navy-Marine Corps Court of Criminal Appeals is set aside, and
the cases are returned to the Judge Advocate General of the Navy for remand to
the Court of Criminal Appeals for further consideration after the conclusion of
its review in Kish.
No. 13-0444/MC. U.S. v. Steven W. MYRICK. CCA 201200404.
On further consideration of the granted issue, 72 M.J. 384 (C.A.A.F.
2013), and in light of United States v. Kish, 72 M.J. 158 (C.A.A.F.
2013), it is ordered that the decision of the United States Navy-Marine Corps
Court of Criminal Appeals is set aside, and the case is returned to the Judge
Advocate General of the Navy for remand to the Court of Criminal Appeals for
further consideration after the conclusion of its review in Kish.
No. 13-0445/MC. U.S. v. Erik J. ELLIS. CCA 201200406. On further consideration of the granted
issue, 72 M.J. 386 (C.A.A.F. 2013), and in light of United States v. Kish,
72 M.J. 158 (C.A.A.F. 2013), it is ordered that the decision of the United
States Navy-Marine Corps Court of Criminal Appeals is set aside, and the case
is returned to the Judge Advocate General of the Navy for remand to the Court
of Criminal Appeals for further consideration after the conclusion of its
review in Kish.
No. 13-5008/AF. U.S. v. Alejandro V.
ARRIAGA. CCA 37439. On consideration of
the issues certified by the Judge Advocate General of the Air Force, 72 M.J.
410 (C.A.A.F. 2013), and Appellee's motion to strike, we conclude that the
United States Air Force Court of Criminal Appeals did not err in finding that
Appellee was materially prejudiced by the government's failure to allege the
terminal element for Specification 2 of Charge III alleging indecent assault in
violation of Article 134, UCMJ. See
United States v. Goings, 72 M.J. 202 (C.A.A.F. 2013) and United
States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013). Accordingly, it is ordered that the first
certified issue is answered in the affirmative and the second and third
certified issues are answered in the negative, that the motion to strike is
denied as moot, and the decision of the United States Air Force Court of
Criminal Appeals is hereby affirmed.
* Baker, Chief Judge (dissenting):
I
dissent based on my dissenting opinions in United States v. Fosler, 70
M.J. 225, 240 (C.A.A.F. 2011) (Baker, J., dissenting), and United States v.
Humphries, 71 M.J. 209,
217 (C.A.A.F. 2012) (Baker, C.J., dissenting).
No. 13-5009/AF. U.S. v. Alan J. LINDGREN. CCA 37928. On consideration of the issues certified by
the Judge Advocate General of the Air Force, __ M.J. __ (C.A.A.F. July 3, 2013),
we conclude that the United States Air Force Court of Criminal Appeals did not
err in finding that Appellee was materially prejudiced by the government's
failure to allege the terminal element for Specifications 1 and 2 of Charge III
alleging negligent homicide in violation of Article 134, UCMJ. See United States v. Goings, 72
M.J. 202 (C.A.A.F. 2013) and United States v. Gaskins, 72 M.J. 225
(C.A.A.F. 2013). Accordingly, it is
ordered that the first certified issue is answered in the affirmative and the
second and third certified issues are answered in the negative, and the
decision of the United States Air Force Court of Criminal Appeals is hereby
affirmed.
* Baker, Chief Judge (dissenting):
I dissent based on my
dissenting opinions in United States v. Fosler, 70 M.J. 225, 240
(C.A.A.F. 2011) (Baker, J., dissenting), and United States v. Humphries, 71 M.J. 209, 217 (C.A.A.F. 2012)
(Baker, C.J., dissenting).
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0618/AF. U.S. v. Joseph M. BURKHART. CCA 37668.
No. 13-0713/AR. U.S. v. Davuale B.
WILLIAMS. CCA
20121064.
No. 13-0714/AR. U.S. v. James B. GIBSON. CCA 20120032.
PETITIONS
FOR GRANT OF REVIEW FILED
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. 14-0060/AF. U.S. v. Jeremy J. GRAWEY. CCA S32029.
No. 14-0061/AR. U.S. v. Gareth A. DRUMMOND. CCA 20110400.
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. 14-0064/AR. U.S. v. Michael L. TRANHUMPHRIES.
CCA
20120536.
MISCELLANEOUS
DOCKET - SUMMARY DISPOSITIONS
Misc. No. 13-8037/AR.
U.S. v. Tanner P. FORRY. CCA 20080334. On
consideration ofthe writ-appeal petition and Appellee's
motion to file government's designation of portions of the record to be
included in the joint appendix pursuant to Rule 24(f), it is ordered that said
motion is hereby granted, and that said writ-appeal petition is hereby
dismissed for lack of jurisdiction.
MISCELLANEOUS
DOCKET - FILINGS
INTERLOCUTORY
ORDERS
No. 13-0459/AR. U.S. v. Rollan
D. MEAD. CCA 20110717. On consideration of Appellee's
motion for leave to file a supplemental joint appendix, it is ordered that said
motion is hereby granted.
No. 14-0001/AR. U.S. v. George D.
MACDONALD. CCA
20091118. Appellant's second motion to extend time to
file the supplement to the petition for grant of review granted, up
to and including October 8, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0054/AF. U.S. v. Sharmaine L.
LATHAM. CCA
38107. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to October 8, 2013.
No. 14-0056/AF. U.S. v. Gregory D. WEBB. CCA 38071. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 10, 2013.
No. 14-0057/AF. U.S. v. William R. JONES. CCA 38028. 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, it is ordered that said motion is hereby granted to October 10, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-014
Friday, September 20,
2013
APPEALS -
SUMMARY DISPOSITIONS
No. 12-0428/MC. U.S. v. Stephen J. MCGUIRE. CCA 201000611. On further consideration of the granted issue, 72 M.J. 255 (C.A.A.F. 2013), and in
view of United States v. Tunstall, 72 M.J. 191 (C.A.A.F. 2013), and United
States v. Goings, 72 M.J. 202 (C.A.A.F. 2013), it is ordered that the decision of the
United States Navy-Marine Corps Court of Criminal Appeals is affirmed
PETITIONS
FOR GRANT OF REVIEW FILED
No. 12-0229/AR. U.S. v. Roger S. DANES. CCA 20091072.*
No. 13-0016/AR. U.S. v. Daniel GASKINS. CCA 20080132.**
No. 14-0052/AR. U.S. v. Marcelo G. BALBOA. CCA 20130253.
No. 14-0053/AR. U.S. v. Brian L. JEFFERSON. CCA 20111038.
No. 14-0054/AF. U.S. v. Sharmaine
L. LATHAM. CCA 38107.
No. 14-0055/AR. U.S. v. April C. MALONEY. CCA 20120407.
No. 14-0056/AF. U.S. v. Gregory D. WEBB. CCA 38071.
No. 14-0057/AF. U.S. v. William R. JONES. CCA 38028.
INTERLOCUTORY
ORDERS
No. 13-0348/AR. U.S. v. Amanda M. MOSS. CCA 20110337. Upon further consideration of the
above-captioned case, and as discussed at oral argument, it isordered that counsel file additional briefs on the
following issues:
I. Whether
the decision to appeal to this Court is a personal decision of the Appellant,
and if so, in what manner may such a decision be made?
II. Whether there is any evidence in the record
that the Appellant has authorized an appeal to this Court, and if there is no
such authorization, is there nonetheless a continuing duty to represent the
Appellant, and if so, from where does this duty derive?
III. In
circumstances where the Appellant cannot be located during the time period
available to file a petition for grant of review at this Court, what is the
responsibility of appellate defense counsel in the context of the statutory
time limit in Article 67, UCMJ, to file an appeal?
IV. Should
this case be dismissed with prejudice under the holding in United States v. Schreck, 10 M.J. 226 (C.M.A. 1981)?
_________________________________
*
Third
petition filed in this case.
** Second petition filed in this case.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-013
Thursday, September
19, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0709/MC. U.S. v. Kalleb
M. WILSON. CCA 201300122.
No. 13-0710/AF. U.S. v. Christopher A.
CUSHMAN. CCA 38216.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064.
No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914.
No. 14-0050/AF. U.S. v. Thomas N.
PATTERSON. CCA 38031.
No. 14-0051/AF. U.S. v. Daniel P. OPENSHAW. CCA 38049.
INTERLOCUTORY
ORDERS
No. 11-0567/AR. U.S. v. Eric L. NORDIN. CCA 20090044.
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 October
4, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0345/AF. U.S. v. Robert M. PAYNE. CCA 37594.
No. 13-0459/AR. U.S. v. Rollan
D. MEAD. CCA 20110717.
No. 13-0518/AF. U.S. v. Jordan C. PASSUT. CCA 37755.
No.
13-0353/AF/13-5007/AF. U.S. v. Laurence H. FINCH.
CCA
38081.
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 cases, and that Senior Judge Effron has
consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. § 942(e)(1)(A)(ii) (2006).
No. 13-0733/AR. U.S. v. Daniel C. ARIZMENDI. CCA 20110966. Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including October 3, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 14-0050/AF. U.S. v. Thomas N.
PATTERSON. CCA 38031. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 9, 2013.
No. 14-0051/AF. U.S. v. Daniel P. OPENSHAW. CCA 38049.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to October 9,
2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-012
Wednesday, September
18, 2013
HEARINGS
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499.
No. 13-0348/AR. U.S. v. Amanda M. MOSS. CCA 20110337.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0045/AR. U.S. v. Armando R. BACCA. CCA 20100396.
No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309.
No. 14-0047/AR. U.S. v. Jumar
A. JONES. CCA 20120309.
INTERLOCUTORY
ORDERS
No. 14-0044/AF. U.S. v. Morgan A. WINN. CCA 37772. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 7, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-011
Tuesday, September
17, 2013
HEARINGS
No.
11-0280/AR. U.S. v. Douglas K.
WINCKELMANN. CCA 20070243.
No. 13-0283/AF. U.S. v. Timothy L. MERRITT. CCA 37608.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0660/AR. U.S. v. Nathan A. SNOWDEN. CCA 20111030.
No. 13-0698/AF. U.S. v. Dexter D. GILLISON. CCA S32112.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0044/AF. U.S. v. Morgan A. WINN. CCA 37772.
INTERLOCUTORY
ORDERS
No. 12-0414/AR. U.S. v. David G. SPICER,
Jr. CCA 200900608. 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 October 1,
2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 13-0724/AR. U.S. v. Michael G. TOVAR. CCA 20120015. Appellant's
second motion to extend time
to file the supplement to the petition for grant of review granted, up
to and including October 1, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 13-0727/AR. U.S. v. Larry W. REED, Jr. CCA 20120589. 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 1, 2013, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 14-0038/AF. U.S. v. Kevin A. SLAGLE. CCA 38087. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 7, 2013.
No. 14-0039/AF. U.S. v. Yedeychem
MANN. CCA 38124. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to October 7, 2013.
No. 14-0041/AR. U.S. v. Brandon A. TRIPP. CCA 20111018. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 7, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-010
Monday, September 16,
2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0038/AF. U.S. v. Kevin A. SLAGLE. CCA 38087.
No. 14-0039/AF. U.S. v. Yedeychem
MANN. CCA 38124.
No. 14-0040/NA. U.S. v. Ethan S. SHORT. CCA 201200483.
No. 14-0041/AR. U.S. v. Brandon A. TRIPP. CCA 20111018.
No. 14-0042/AF. U.S. v. Bryan C. JONES. CCA S32015.
No. 14-0043/AF. U.S. v. Sean WALL. CCA 37842.
INTERLOCUTORY
ORDERS
No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 3, 2013.
No. 14-0031/AF. U.S. v. Gary B. HIGGINS. CCA 38202. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 3, 2013.
No. 14-0035/AF. U.S. v. Dennis D. KELLER. CCA 37729. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to October 3, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-009
Friday, September 13,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0537/AR. U.S. v. Joseph A. SMITH. CCA 20120329.
No. 13-0690/AF. U.S. v. Austin F.
CHAMBERLAIN. CCA 38098.
No. 13-0692/AR. U.S. v. Kayle
T. SHIELDS. CCA 20110984.
No. 13-0693/AR. U.S. v. Cody J. PINKERMAN. CCA 20120703.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0030/AF. U.S. v. James M. BOORE. CCA 38058.
No. 14-0031/AF. U.S. v. Gary B. HIGGINS. CCA 38202.
No. 14-0032/AR. U.S. v. Jeraldo
L. DUNCOMBE.
CCA
20130090.
No. 14-0033/AF. U.S. v. Anthony L.W.
PEACOCK. CCA 38043.
No. 14-0034/AR. U.S. v. Alexander M. SERRALTA. CCA 20121110.
No. 14-0035/AF. U.S. v. Dennis D. KELLER. CCA 37729.
No. 14-0036/AF. U.S. v. Nicholas M.
GARRISON. CCA 38093.
No.
14-0037/AR. U.S. v. Timothy J. JANEIRO,
Jr. CCA 20120519.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-008
Thursday, September
12, 2013
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815.
INTERLOCUTORY
ORDERS
No. 13-0705/AF. U.S. v. Robert F. LINDSEY. CCA 37894. Appellant's
motion to withdraw petition for grant of review granted.
No. 13-0711/AR. U.S. v. Colt M. SMITH. CCA 20110398. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted, up to and including
September 24, 2013, and absent
extraordinary circumstances, no further extension of time will be granted in
this case.
No. 14-0023/AR. U.S. v. Christopher M.
DAHL. CCA 20110385. Appellant's motion to extend time to file the
supplement to the petition of review granted to September 30, 2013.
No. 14-0024/AR. U.S. v. Arthur J. CLAYTON,
Jr. CCA 20110742. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 30, 2013.
No. 14-0025/AR. U.S. v. Anthony J. ELLIOTT. CCA 20110876. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 30, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-007
Wednesday, September
11, 2013
ORDERS
GRANTING PETITION FOR REVIEW
No. 13-0570/AF. U.S. v. Steven A. DANYLO. CCA 37916.
Review granted on the following issues:
I. WHETHER
THE MILITARY JUDGE ERRED WHEN HE ONLY CONSIDERED THE PERIOD OF TIME FOR
APPELLANT'S ARTICLE 62 APPEAL FOR THE PURPOSES OF APPELLANT'S SPEEDY TRIAL MOTION.
II. WHETHER APPELLANT WAS DENIED HIS SIXTH
AMENDMENT RIGHT TO SPEEDY TRIAL WHEN HIS COURT-MARTIAL OCCURRED 350 DAYS AFTER
HE WAS PLACED IN PRETRIAL CONFINEMENT.
Briefs will be filed
under Rule 25.
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0632/AR. U.S. v. Mark TODD. CCA 20111160.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0026/AR. U.S. v. Spencer D. JENKINS. CCA 20120357.
No. 14-0027/AR. U.S. v. Mark S. ASHLEY. CCA 20120566.
No. 14-0028/AR. U.S. v. Daniel A. JENKINS. CCA 20121129.
PETITIONS
FOR GRANT OF REVIEW – SUMMARY DISPOSITIONS
No. 13-0492/AF. U.S. v. Taylor T. STICKNEY. CCA S32106. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, and Appellant's motion for leave to file a supplemental issue, it is
ordered that said motion is granted, and that said petition is hereby 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.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-006
Tuesday, September
10, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039.
No. 13-0420/AF. U.S. v. Travis A. SCHMIDT. CCA 38220.
No. 13-0576/AR. U.S. v. Ricky A. WALLS. CCA 20110501.
No. 13-0610/AR. U.S. v. Justin R. KING. CCA 20120886.
No. 13-0689/AR. U.S. v. Christopher L. SPEROW. CCA 20110904.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0022/AF. U.S. v. Kyle R. DIETZ.
CCA 38117.
No. 14-0023/AR. U.S. v. Christopher M.
DAHL. CCA 20110385.
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.
PETITIONS
FOR GRANT OF REVIEW – SUMMARY DISPOSITIONS
No. 13-0500/AF. U.S. v. Edward W. GUSSMAN. CCA 38048. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, and Appellant's motion for leave to file a supplemental issue, and
motion to withdraw the petition for grant of review without prejudice, it is
ordered that said motion to file a supplemental issue is hereby granted, that
said motion to withdraw the petition for grant of review is hereby denied as
moot, and that said petition is hereby 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.
No. 13-0503/AF. U.S. v. Valentino T. LEE. CCA S32009. On consideration
of the petition for grant of review of the decision of the United States Air
Force Court of Criminal Appeals, and Appellant's motion for leave to file a
supplemental issue, it is ordered that said motion is hereby granted, and that
said petition is hereby 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.
INTERLOCUTORY
ORDERS
No. 13-0435/AR. U.S. v. Gary D. WARNER. CCA 20120499. Appellant's
motion to file an additional supplement denied.
No. 13-0537/AR. U.S. v. Joseph A. SMITH. CCA 20120329. Appellant's
motion for leave to file the supplement to the petition for grant of review out
of time granted.
No. 13-0702/AR. U.S. v. Douglas A. ALLEN
IV. CCA 20110584. 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 September 24, 2013, and that absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 14-0018/AF. U.S. v. Don WATKINS, Jr. CCA S32114. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 30, 2013.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-005
Monday, September 9,
2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0588/AR. U.S. v. John P. FIGUEROA. CCA 20110951.
No. 13-0679/AF. U.S. v. Jessie L. WRIGHT. CCA S32095.
No. 13-0680/AF. U.S. v. Bryan C. MCMILLAN. CCA 38189.
No. 13-0681/AF. U.S. v. Adam D. CHEW. CCA S32101.
No. 13-0685/AR. U.S. v. Johnnie L. W. LETBETTER. CCA 20120040.
No. 13-0686/AF. U.S. v. Michael J. LAPOINTE. CCA S32081.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0015/AR. U.S. v. Ryan D. DAVIS. CCA 20120658.
No. 14-0016/AF. U.S. v. James T. SPENCER,
III. CCA 37922.
No. 14-0017/AF. U.S. v. Brian C. KATES. CCA S32018.
No. 14-0018/AF. U.S. v. Don WATKINS, Jr. CCA S32114.
No. 14-0019/AR. U.S. v. Joel F. BECKER. CCA 20120478.
No. 14-0020/AR. U.S. v. Thomas R. BALDWIN. CCA 20120033.
No. 14-0021/AR. U.S. v. James O. MATHIS,
Jr. CCA 20120580.
INTERLOCUTORY
ORDERS
No. 14-0008/AF. U.S. v. Adrian G. LARA. CCA 37861. Appellant's
motion to extend time to file the supplement to the petition for grant of
review granted to September 25, 2013.
No. 14-0010/AF. U.S. v. Rafael VERDEJO-RUIZ.
CCA
37957. Appellant's motion to
extend time to file the supplement to the petition for grant of review granted
to September 26, 2013.
No. 14-0011/AF. U.S. v. Kendall NORMAN. CCA 37945. Appellant's
motion to extend time to file the supplement for grant of review granted to
September 26, 2013.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
No.
14-004
Friday,
September 6, 2013
PETITIONS FOR GRANT
OF REVIEW FILED
No. 14-0010/AF. U.S. v. Rafael VERDEJO-RUIZ. CCA 37957.
No. 14-0011/AF. U.S. v. Kendall NORMAN.
CCA
37945.
No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055.
No. 14-0013/AF. U.S. v. Christopher T. CHAMBERS. CCA 38044.
No. 14-0014/AF. U.S. v. Marcus J. DUKE.
CCA
S31930.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-003
Thursday, September
5, 2013
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0622/AF. U.S. v. Brent A. SNELL. CCA 37792.
No. 13-0647/MC. U.S. v. Javier B. FUENTES. CCA 201300006.
No. 13-0656/NA. U.S. v. Daniel L. MURPHY. CCA 201200486.
No. 13-0674/AR. U.S. v. Frederick N. OWENS. CCA 20110404.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 14-0005/AF. U.S. v. Daniel A. FREY. CCA 37759.
No. 14-0006/AR. U.S. v. Jason W. GOSSAGE. CCA 20120856.
No. 14-0007/AR. U.S. v. Zach T. ROSE. CCA 20111123.
No. 14-0008/AF. U.S. v. Adrian G. LARA. CCA 37861.
No. 14-0009/AR. U.S. v. Jesus GUTIERREZ,
Jr. CCA 20120104.
INTERLOCUTORY
ORDERS
No. 13-0387/AR. U.S. v. David M. DERJAN. CCA 20101039.
Appellant's motion to consider matters
pursuant to U.S. v. Grostefon, 12 M.J. 431 (C.M.A. 1982) granted.
No. 13-0576/AR. U.S. v. Ricky A. WALLS. CCA 20110501. Appellant's
motion to file the supplement to the petition for grant of review out of time
granted.
No. 13-0610/AR. U.S. v. Justin R. KING. CCA 20120886. Appellant's
motion for leave to file the supplement to the petition for grant of review out
of time granted.
No. 13-0696/AR. U.S. v. Phillip L. BARTIE. CCA 20111179.
Appellant's second motion to extend time to file the supplement to the
petition for grant of review granted, up
to and including September 19, 2013, and absent extraordinary circumstances, no further extension of time
will be granted in this case.
No. 13-0697/AR. U.S. v. Patrick R.
CRISWELL. CCA 20110560. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted, but only up to and including September 19, 2013, and absent extraordinary circumstances, no
further extension of time will be granted in this case.
No. 13-5010/AR. U.S. v. Shawn M. HINES. CCA 20120024. Appellant's
motion for leave to file a corrected joint appendix granted.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-002
Wednesday, September 4, 2013
PETITION FOR
GRANT OF REVIEW - SUMMARY DISPOSITIONS
No.
12-0501/AF. U.S. v. Jessica E. MCFADDEN.
CCA
37438. 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.]
No. 13-0487/AF. U.S. v. Marquis W. KNIGHT. CCA 38083. On
consideration of Appellant's motion
to withdraw the petition for grant of review without prejudice and motion to
attach consent to withdraw case still subject to service court review, it is ordered that said motions are hereby granted.
No. 13-0524/AF. U.S. v. Senator G. NEGRON. CCA 37754. On consideration
of Appellee's motion for leave to file a response to
Appellant's reply and Appellant's petition for grant of review of the decision
of the United States Air Force Court of Criminal Appeals, it is ordered that
said motion is granted, said petition is hereby granted on the following issue:
No. 13-0669/AR. U.S. v. Brandon T. PARKER. CCA 20110248. On
consideration of the petition for grant of review of the decision of the United
States Army Court of Criminal Appeals, and in view of United States v.
Goings, 72 M.J. 202 (C.A.A.F.
2013) and United States v. Gaskins, 72 M.J.
225 (C.A.A.F. 2013), it is ordered that said petition
is hereby granted on the following assigned issue:
ORDERS
GRANTING PETITION FOR REVIEW
No. 12-0501/AF. U.S. v. Jessica E.
MCFADDEN. CCA 37438. [See also APPEALS-SUMMARY
DISPOSITIONS this date.]
No. 13-0524/AF. U.S. v. Senator G. NEGRON. CCA 37754. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
No. 13-0669/AR. U.S. v. Brandon T. PARKER. CCA 20110248. [See also APPEALS-SUMMARY DISPOSITIONS this date.]
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0544/AR. U.S. v. Johnny F. PROTHRO. CCA 20110331.
No. 13-0620/AR. U.S. v. Cavin
B. MCKEN.
CCA
20121019.
No. 13-0639/AR. U.S. v. Shannon B. HELTON. CCA 20110623.
No. 13-0649/AR. U.S. v. Jason W. MCCARVER. CCA 20120490.
No. 13-0670/AR. U.S. v. Matthew J. BROWN. CCA 20120913.
No. 13-0673/AF. U.S. v. Quinton M. ALSTON. CCA S32111.
INTERLOCUTORY
ORDERS
No. 13-0420/AF. U.S. v. Travis A. SCHMIDT. CCA 38220. Appellant's
motion for leave to file a second petition for grant of review and a supplement
to said petition for grant of review is granted.
No. 14-0001/AR. U.S. v. George D.
MACDONALD. CCA 20091118. Appellant's motion to extend time to file the
supplement to the petition for grant of review granted to September 23, 2013.
No. 14-0003/AF. U.S. v. Allen K. HOHENSTEIN. CCA 37965.
Appellant's motion to extend time to
file the supplement to the petition for grant of review granted to September
23, 2013.
SPECIAL DOCKET
MATTERS
No. 13-03. In the matter of William G. Parker. It appearing that the above-named attorney is
a member of the Bar of this Court, that he was suspended indefinitely from the
practice of law in Navy courts, to include the U.S. Navy-Marine Corps Court of
Criminal Appeals by the Judge Advocate General of the Navy, that pursuant to
Rule 15(b), Rules of Practice and Procedure, U.S. Court of Appeals for the
Armed Forces, said attorney was suspended from the practice of law before the
Court on July 16, 2013, and afforded 30 days to show cause why he should not be
disbarred, and that no matters have been submitted by the said attorney, it is
ordered that William G. Parker is hereby suspended indefinitely from the
practice of law before this Court, effective this date.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
DAILY JOURNAL
No. 14-001
Tuesday, September 3,
2013
NOTICE
IN RE
SEPTEMBER 2013 TERM OF COURT
Article 142 of the Uniform Code of Military
Justice (UCMJ), 10 U.S.C. §
942 (2006) authorizes the appointment of five judges to serve on the
Court. One of the positions is
vacant. Unless the Court issues a notice
that a senior judge or an Article III judge will perform judicial duties, the
four judges in active service will perform the functions of the Court. See
Articles 142 and 144, UCMJ, 10 U.S.C.
§§ 942 and 944, and U.S.C.A.A.F. Rule 6(a).
PETITIONS
FOR GRANT OF REVIEW DENIED
No. 13-0548/AR. U.S. v. Detric
A. KELLY. CCA 20110138.
No. 13-0549/CG. U.S. v. David N. SHANNON. CCA 1358.
No. 13-0605/MC. U.S. v. Hector Y. APARCIO. CCA 201200408.
No. 13-0606/AR. U.S. v. Christopher
MILLENDER. CCA 20100680.
No.
13-0638/AR. U.S. v. Christopher L.
BURNETT, Jr. CCA 20110240.
No.
13-0642/AF. U.S. v. Brent J. MIZE. CCA 37993.
No. 13-0645/AR. U.S. v. Kayla R. HORNE. CCA 20120188.
PETITIONS
FOR GRANT OF REVIEW FILED
No. 13-0426/AF. U.S. v. Andre G. GNASH. CCA S32067.*
No. 14-0001/AR. U.S. v. George D.
MACDONALD. CCA 20091118.
No. 14-0002/AR. U.S. v. Corey S. LEBEAU. CCA 20111096.
No. 14-0003/AF. U.S. v. Allen K. HOHENSTEIN. CCA 37965.
No. 14-0004/AF. U.S. v. Carlos E.F. THOMAS. CCA 37896.
_______________________________
* Second petition filed in this case.
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