UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 31, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0277/AR. U.S. v. Michael A. Audet. CCA 20120574.

No. 15-0278/AR. U.S. v. Alnivar Avellaneda. CCA 20140457.

No. 15-0279/AF. U.S. v. Lashawn A. Jennings. CCA 38355.

 

Orders Granting Petition for Review

 

No. 14-0767/AR. U.S. v. Brian A. Murphy. CCA 20120556. 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 on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED IN CONCLUDING THAT AMMUNITION CONSTITUTES AN EXPLOSIVE FOR PURPOSES OF THE SENTENCE AGGRAVATOR OF ARTICLES 108 AND 121, UCMJ.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 30, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0270/AR. U.S. v. Kimberly E. Rivera. CCA 20130397.

No. 15-0271/AR. U.S. v. Jason D. Salinas. CCA 20120833.

No. 15-0272/AR. U.S. v. Christian M. Lopezmorales. CCA 20130502.

No. 15-0273/AR. U.S. v. Corey A. Soucek. CCA 20140142.

No. 15-0274/AR. U.S. v. Marcus Freeney. CCA 20130655.

No. 15-0275/AR. U.S. v. Luke A. Langley. CCA 20140555.

No. 15-0276/AR. U.S. v. Gary K. Ashmore. CCA 20140357.

 

Petitions for Grant of Review Denied

 

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

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

No. 15-0010/AF. U.S. v. Justin G. Stipes. CCA 38421.

No. 15-0014/AF. U.S. v. David K. Cooper. CCA 38293.

No. 15-0094/AF. U.S. v. Nicholas R. Cron. CCA 38138.

No. 15-0187/AR. U.S. v. Nushawn G. Gaskin. CCA 20121042.

No. 15-0188/AR. U.S. v. Wilforde J. Camille. CCA 20130406.

No. 15-0190/AR. U.S. v. James C. Green. CCA 20130793.

 

Interlocutory Orders

 

No. 15-0222/AR. U.S. v. Jamel E. Greene. CCA 20120805. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 14, 2015.

 

No. 15-0264/MC. U.S. v. Christopher L. Olcott. CCA 201300228. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 20, 2015.

 

No. 15-0265/AF. U.S. v. Shawn J. Parker. CCA S32148. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 20, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 29, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0261/AF. U.S. v. Rachel M. Betts. CCA 38476.

No. 15-0262/AR. U.S. v. Joel T. Sharp. CCA 20130998.

No. 15-0263/AR. U.S. v. Bobby Ray Riffle. CCA 20130653.

No. 15-0264/MC. U.S. v. Christopher L. Olcott. CCA 201300228.

No. 15-0265/AF. U.S. v. Shawn J. Parker. CCA S32148.

No. 15-0266/AF. U.S. v. Michelle L. Hamby. CCA 38501.

No. 15-0267/NA. U.S. v. Adam Terral. CCA 201300273.

No. 15-0268/AF. U.S. v. Robert A. Hudson. CCA S32167.

No. 15-0269/AR. U.S. v. Joshua L. Sudbury. CCA 20120600.

 

Interlocutory Orders

 

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 January 13, 2015.

 

No. 15-0011/AF. U.S. v. Joshua K. Plant. CCA 38274. Appellant's motion to extend time to file a brief granted to January 23, 2015.

 

No. 15-0225/AR. U.S. v. Neftaly Platero. CCA 20120620. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 30, 2015.

 

Mandates Issued

 

No. 14-6009/MC. U.S. v. Ruben Vargas. CCA 201300426.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 24, 2014

 

Petitions for Grant of Review Filed

 

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

No. 15-0259/NA. U.S. v. John F. Doyle. CCA 201300442.

 

Interlocutory Orders

 

No. 15-0206/NA. U.S. v. Jeffrey F. Morris. CCA 201300348. 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 13, 2015.

 

No. 15-0259/NA. U.S. v. John F. Doyle. CCA 201300442. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 13, 2015.

 

Mandatory Review Case Filed

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785. Notice is hereby given that a case requiring mandatory review of the decision of the United States Air Force Court of Criminal Appeals in which the affirmed sentence extends to death was filed under Rule 23 on this 24th day of December, 2014.*

 

Appellant will file a brief under Rule 23(b), not to exceed 250 pages, no later than sixty days after the date of this notice. Appellee will file a brief, not to exceed 250 pages, within sixty days of the filing of Appellant's brief. Appellant may file a reply brief, not to exceed 50 pages, within twenty days of the filing of Appellee's brief. The briefs may be filed electronically, but should counsel file said pleadings in a paper format, such pleadings shall conform in all respects to the requirements of Rule 37(a), with the additional requirement that they be printed on 3-hole pre-punched paper and otherwise comply in all respects with Rule 24(f)(2). The briefs and the reply, if any, shall be divided into the following parts: Part A shall set forth systemic issues and case-specific issues raised before the Court of Criminal Appeals but not previously decided by this Court; Part B shall set forth all issues not raised before the court below; Part C shall set forth systemic issues previously decided by this Court but raised to avoid waiver; these issues may be listed without argument as an exception to Rule 24(a), but must cite pertinent authority to support the position taken. All exhibits cited in the pleadings filed before this Court shall be included in the Joint Appendix. After all pleadings have been submitted, Appellant and Appellee are directed to seek agreement on the issues to be heard at oral argument, and to inform the Court of those issues. If no agreement can be reached, the parties will so advise the Court within 10 days of the date of the filing of the last pleading, and the Court will resolve any differences.

 

* The caption on the document filed by the Judge Advocate General states that it is a "Certificate for Review" rather than a "Mandatory Review Case" as required by Rule 23. However, upon review of the document, this appears to be a scrivener's error.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 23, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0257/AF. U.S. v. Trent A. Schaeffer. CCA S32197.

 

Petitions for Grant of Review Denied

 

No. 15-0022/AR. U.S. v. Justin E. Parker. CCA 20120713.

No. 15-0183/AR. U.S. v. Benjamin D. Hernandez. CCA 20130175.

No. 15-0008/AR. U.S. v. Lowell L. Blackwell. CCA 20130524.

No. 15-0182/AR. U.S. v. Landon K. Copeland. CCA 20130800.

No. 15-0181/AF. U.S. v. Michael J. O'Brien Jr.,. CCA S32202.

 

Miscellaneous Docket - Filings

 

No. 15-0258/AR. U.S. v. Ricardo Gonzales. CCA 20140620. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 15-0256/AR. U.S. v. Rashad J. Valmont. CCA 20110644. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 12, 2015.

 

No. 14-0792/AR. U.S. v. Collin J. Carter. CCA 20121046. Appellee's motion for leave to file a supplemental joint appendix is granted.

 

No. 15-0250/AF. U.S. v. Nathanial A. Tessner. CCA 38514. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 12, 2015.

 

No. 15-0249/AF. U.S. v. Bruce L. Broughton. CCA S32156. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 12, 2015.

 

No. 15-0248/AF. U.S. v. Joseph M. Ward III. CCA 38376. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 12, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 22, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0248/AF. U.S. v. Joseph M. Ward III. CCA 38376.

No. 15-0249/AF. U.S. v. Bruce L. Broughton. CCA S32156.

No. 15-0250/AF. U.S. v. Nathanial A. Tessner. CCA 38514.

No. 15-0251/AR. U.S. v. Kevin J. Kitmanyen. CCA 20120632.

No. 15-0252/AR. U.S. v. Luis D. Fernandez. CCA 20121173.

No. 15-0253/AR. U.S. v. Byron E. Bero. CCA 20120694.

No. 15-0254/AR. U.S. v. Joseph W. Lomas. CCA 20140307.

No. 15-0255/MC. U.S. v. Michael A. Arnold. CCA 201400240.

No. 15-0256/AR. U.S. v. Rashad J. Valmont. CCA 20110644.

 

Petitions for Grant of Review Denied

 

No. 13-0268/MC. U.S. v. Samuel Pacheco, Jr. CCA 201200366.

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

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

No. 15-0031/AR. U.S. v. Sherry A. Derosia. CCA 20120255.

No. 15-0049/AR. U.S. v. David J. Penrod. CCA 20120836.

No. 15-0055/AR. U.S. v. Christopher D. McGee. CCA 20130064.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 14-0678/NA. U.S. v. Richard B. Freeman III.  CCA 201300102. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is directed that the promulgating order be corrected to list all three specifications under Charge I, the accused's pleas to each, the findings to each, and the "other disposition" ordered by the military judge to the second specification.

 

Interlocutory Orders

 

No. 15-0244/MC. U.S. v. Stacy A. Whalen. CCA 201400020. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 8, 2015.

 

No. 15-0246/AF. U.S. v. Johnny A. Escobar. CCA 38343. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 8, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 19, 2014

 

Petitions for Grant of Review Filed

 

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

No. 15-0244/MC. U.S. v. Stacy A. Whalen. CCA 201400020.

No. 15-0245/AF. U.S. v. Carl L. Ponder. CCA S32161.

No. 15-0246/AF. U.S. v. Johnny A. Escobar. CCA 38343.

 

Certificates for Review Filed

 

No. 15-0247/AF. U.S. v. Eddy C. Soto. CCA 38422. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 this date on the following issues:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA) COMMITTED LEGAL ERROR BY APPLYING AN ERRONEOUS DEFINITION OF FORCE TO APPELLEE'S RAPE SPECIFICATION.

 

WHETHER AFCCA COMMITTED LEGAL ERROR BY FAILING TO CORRECTLY CONSIDER LESSER INCLUDED OFFENSES TO APPELLEE'S CHARGED RAPE SPECIFICATION

 

WHETHER AFCCA COMMITTED LEGAL ERROR IN THE MANNER IN WHICH IT CONDUCTED ITS FACTUAL AND LEGAL SUFFICIENCY REVIEW BY REFUSING AND FAILING TO CONSIDER ALL THE EVIDENCE PRESENTED TO THE FACT-FINDER AT TRIAL.

 

Interlocutory Orders

 

No. 14-0678/NA. U.S. v. Richard B. Freeman III. CCA 201300102. On consideration of Appellant's motion to supplement the record, it is ordered that said motion is hereby granted as it pertains to Appendix 3 of the supplement and denied as it pertains to the remainder of the motion.

 

No. 14-0685/AF. U.S. v. Wilber J. McIntosh, Jr. CCA 37977. Appellant's motion to correct errata granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 18, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0241/NA. U.S. v. Christopher A. Shafer. CCA 201400120.

No. 15-0242/AR. U.S. v. Luther L. Porter. CCA 20110470.

No. 15-0243/AF. U.S. v. Jonathan J. Arma. CCA 2014-09.

 

Petitions for Grant of Review Denied

 

No. 15-0017/AR. U.S. v. Jason G. Droddy. CCA 20120584.

No. 15-0025/AR. U.S. v. Blake J. Kendall. CCA 20130117.

No. 15-0036/AR. U.S. v. Adonnis C. Franklin. CCA 20140164.

No. 15-0150/AR. U.S. v. Miguel A. Rodriguez. CCA 20120699.

No. 15-0166/AR. U.S. v. Jose M. Nunez. CCA 20121189.

No. 15-0168/AR. U.S. v. Torey R. Purdin. CCA 20120277.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 17, 2014

 

Petitions for Grant of Review - Summary Dispositions

 

No. 14-0696/AF. U.S. v. Saul M. Bookman. CCA 38342. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that the addendum to the staff judge advocate's recommendation inaccurately stated that Appellant was convicted of having committed 60 different thefts over the course of a single year that totaled over $30,500, when in fact Appellant actually pleaded guilty to stealing $15,797 in 41 discrete thefts. Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE STAFF JUDGE ADVOCATE'S RECOMMENDATION CONTAINED PLAIN AND PREJUDICIAL ERROR BECAUSE IT STATED THAT APPELLANT WAS CONVICTED OF HAVING COMMITTED 60 THEFTS OVER THE COURSE OF A SINGLE YEAR AND THAT APPELLANT PLEADED GUILTY TO STEALING MORE THAN $30,500.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed and the convening authority's action is set aside. The record of trial is returned to the Judge Advocate General for remand to the same or a different convening authority for a new post-trial recommendation and action.

 

No. 14-0750/AF. U.S. v. Mason W. Mandy. CCA 38227. 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, and the decision of the United States Air Force Court of Criminal Appeals is affirmed.*

 

* It is directed that the United States Air Force Court of Criminal Appeals substitute a corrected opinion to correct the obvious clerical error in the opening sentence of its decision by removing the language that Appellant was convicted of one specification of dereliction of duty.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 16, 2014

 

Petitions for Grant of Review Denied

 

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

No. 15-0016/AR. U.S. v. Timothy J. Prescott II. CCA 20130394.

No. 15-0162/AR. U.S. v. Jerome A. Osborne. CCA 20130545.

No. 15-0163/AR. U.S. v. Forrest E. Kidwell. CCA 20140042.

 

Interlocutory Orders

 

No. 15-0184/AF. U.S. v. Jacob L. Hooper. CCA 38307. 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 30, 2014.

 

No. 15-0192/MC. U.S. v. Eric D. Raines. CCA 201400027. Appellant's second motion to extend time to file a supplement to the petition for grant of review granted, but only up to and including January 6, 2015.

 

No. 15-0232/AF. U.S. v. Clayton G. Bridges II. CCA S32157. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.

 

No. 15-0233/AF. U.S. v. David E. Allgaier. CCA 38400. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.

 

No. 15-0234/AF. U.S. v. Deandrea D. Atwater. CCA 38425. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.

 

No. 15-0236/AF. U.S. v. Adam D. Parker. CCA 38384. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.

 

No. 15-0237/AF. U.S. v. James R. Lewis. CCA 38321. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.

 

No. 15-0238/AF. U.S. v. Myranda I. Decker. CCA S32173. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 5, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 15, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0231/AR. U.S. v. Ryan J. Offutt. CCA 20120804.

No. 15-0232/AF. U.S. v. Clayton G. Bridges II. CCA S32157.

No. 15-0233/AF. U.S. v. David E. Allgaier. CCA 38400.

No. 15-0234/AF. U.S. v. Deandrea D. Atwater. CCA 38425.

No. 15-0235/AF. U.S. v. Marcus K. Linn. CCA 38451.

No. 15-0236/AF. U.S. v. Adam D. Parker. CCA 38384.

No. 15-0237/AF. U.S. v. James R. Lewis. CCA 38321.

No. 15-0238/AF. U.S. v. Myranda I. Decker. CCA S32173.

No. 15-0239/AR. U.S. v. Joshua C. Hudsoncurrier. CCA 20110737.

No. 15-0240/AF. U.S. v. Gavin R. Duenas. CCA S32181.

 

Petitions for Grant of Review Denied

 

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

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

No. 14-0712/AR. U.S. v. Annzala L. Pitt. CCA 20120842.

No. 15-0021/AR. U.S. v. David A. Bliss, Jr. CCA 20130169.

No. 15-0033/AR. U.S. v. Brett S. Allmond. CCA 20130328.

No. 15-0040/AR. U.S. v. Tarence C. Dixon. CCA 20120473.

No. 15-0120/AR. U.S. v. Terre W. Martin. CCA 20120898.

No. 15-0144/AR. U.S. v. Jerry L. McLeod, Jr. CCA 20131010.

No. 15-0157/AF. U.S. v. Stefin T. Reed. CCA 38428.

 

Petitions for New Trial Denied

 

No. 14-0712/AR. U.S. v. Annzala L. Pitt. CCA 20120842.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 12, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0229/AR. U.S. v. Blake D. Brown. CCA 20131068.

No. 15-0230/NA. U.S. v. Titus R. Mayo, Jr. CCA 20140107.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 11, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0226/AF. U.S. v. Anthony D. Daniels, Jr. CCA 38371.

No. 15-0227/AF. U.S. v. Rachel S. Perone. CCA S32186.

No. 15-0228/MC. U.S. v. Myles R. Spurling. CCA 201400124.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0074/CG. U.S. v. John C. Riesbeck. CCA 1374. On consideration of Appellant's petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, we conclude that the issue of improper member selection was not waived because of the exception contained in Rule for Courts-Martial (RCM) 912(b)(3) to the timeliness requirement of RCM 912(b)(1). On its face, RCM 912(b)(3) provides an exception to waiver where the objection is made on the basis of an allegation that the convening authority selected members in violation of RCM 502(a)(1) for reasons other than those listed in Article 25(d)(2), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 825(d)(2) (2012): age, education, training, experience, length of service, and judicial temperament. Furthermore, improper member selection can constitute unlawful command influence, an issue that cannot be waived. United States v. Baldwin, 54 M.J. 308, 310 n.2 (C.A.A.F. 2001). Because the exception of RCM 912(b)(3) should have applied, the question remains whether Appellant was deprived of a fair trial by an impartial panel. Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WAS APPELLANT DEPRIVED OF A FAIR TRIAL BY AN IMPARTIAL PANEL?

 

The decision of the United States Coast Guard Court of Criminal Appeals is set aside, and the case is returned to the Judge Advocate General of the Coast Guard for remand to the Court of Criminal Appeals for further review under Article 66(c), UCMJ, 10 U.S.C. 866(c) (2012). Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 10, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0222/AR. U.S. v. Jamel E. Greene. CCA 20120805.

No. 15-0223/AR. U.S. v. Justin R. Crowell. CCA 20120184.

No. 15-0224/AR. U.S. v. Allen I. Saucedo. CCA 20140200.

No. 15-0225/AR. U.S. v. Neftaly Platero. CCA 20120620.

 

Petitions for Grant of Review Denied

 

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

No. 14-0695/AF. U.S. v. Anthony S. Lee. CCA S32066.

No. 15-0024/MC. U.S. v. Ian R. Dunton. CCA 201300148.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0051/AF. U.S. v. Franklin G.U. Cruz. CCA 38296. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we note that Appellant raises issues not previously considered by the Court of Criminal Appeals. Accordingly, it is ordered that said petition is hereby granted on the following issues:

 

I. WHETHER THE MILITARY JUDGE ERRED IN FINDING PERSONAL JURISDICTION OVER APPELLANT.

 

II. WHETHER APPELLANT'S FIFTH AMENDMENT DUE PROCESS RIGHTS WERE VIOLATED.

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 issues under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. 866(c)(2012).

Interlocutory Orders

 

No. 12-0616/AR. U.S. v. Timothy E. Bennitt. CCA 20100172. Appellee's motion for leave to file a corrected table of contents in the second supplemental joint appendix is granted.

 

Hearings

 

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 9, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0217/AR. U.S. v. Eric L. Newton II. CCA 20130890.

No. 15-0218/AR. U.S. v. Riley C. Rose. CCA 20130068.

No. 15-0219/AR. U.S. v. Jonathan L. Kidwell. CCA 20130959.

No. 15-0220/AR. U.S. v. Dylan M. Wammock. CCA 20131040.

No. 15-0221/AF. U.S. v. Chasare D. Jackson. CCA 38431.

 

Petitions for Grant of Review Denied

 

No. 14-0727/AR. U.S. v. David G. Michaels. CCA 20110288.

No. 14-0774/AF. U.S. v. Christopher J. Klein. CCA 38273.

No. 14-0777/MC. U.S. v. Bryan S. Lacount. CCA 201300259.

No. 14-0796/NA. U.S. v. Trevin C. Cummings. CCA 201400095.

No. 15-0124/AR. U.S. v. Joshua A. Marks. CCA 20130777.

No. 15-0135/AR. U.S. v. Andy G. Torres. CCA 20120774.

No. 15-0151/AR. U.S. v. Justino N. Mongkeya. CCA 20111151.

No. 15-0155/AR. U.S. v. Damien A. McCoy. CCA 20130717.

 

Orders Granting Petition for Review

 

No. 14-0773/AF. U.S. v. Jeremiah L. Thompson III. CCA 38269. 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 APPELLANT'S CONVICTIONS FOR POSSESSION AND RECEIPT OF CHILD PORNOGRAPHY MUST BE SET ASIDE BECAUSE SEVERAL DEPICTIONS OFFERED IN SUPPORT OF THE SPECIFICATIONS ARE NOT CHILD PORNOGRAPHY AND ARE CONSTITUTIONALLY PROTECTED, A GENERAL VERDICT WAS ENTERED, AND IT IS IMPOSSIBLE TO DETERMINE WHETHER THE LEGALLY PROTECTED IMAGES CONTRIBUTED TO THE VERDICT.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 12-0616/AR. U.S. v. Timothy E. Bennitt. CCA 20100172. Appellee's motion for leave to file a supplemental joint appendix out of time is granted.

 

Hearings

 

No. 13-0522/AF. U.S. v. David J.A. Gutierrez. CCA 37913.

No. 14-6010/AF. U.S. v. Aaron M. Buford. CCA 2013-26.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 8, 2014

 

Petitions for Grant of Review Filed

 

No. 13-0536/AR. U.S. v. Jacob D. Moon. CCA 20120112.

No. 15-0211/AR. U.S. v. Steven D. Mahone. CCA 20130542.

No. 15-0212/AR. U.S. v. Elijah M. Washington. CCA 20130291.

No. 15-0213/AR. U.S. v. Bryan A. Commeau. CCA 20120946.

No. 15-0214/AR. U.S. v. Russomar Villegas-Rojas. CCA 20111132.

No. 15-0215/AF. U.S. v. Christopher T. Groomes. CCA 38360.

No. 15-0216/AR. U.S. v. Willie C. Rodgers. CCA 20130442.

 

Petitions for Grant of Review Denied

 

No. 14-0633/AF. U.S. v. Dustin A. Miller. CCA 37869.

No. 14-0738/AR. U.S. v. Johnathan S. Bendle. CCA 20120170.

No. 14-0764/AF. U.S. v. Michael L. Mitchell. CCA 38254.

No. 14-0781/AR. U.S. v. Tyler A. McIntosh. CCA 20120780.

No. 14-0789/AR. U.S. v. Eric T. Ryant. CCA 20120204.

No. 15-0106/AR. U.S. v. Danny O. Cabrera. CCA 20130664.

No. 15-0148/AR. U.S. v. Josh Harris. CCA 20120922.

No. 15-0149/AR. U.S. v. Adam T. Lutz. CCA 20130750.

No. 15-0153/AR. U.S. v. David L. Jackson. CCA 20140050.

 

Orders Granting Petition for Review

 

No. 14-0783/NA. U.S. v. Marshand A. Woods. CCA 201300153. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY DENYING A CHALLENGE FOR CAUSE AGAINST THE COURT-MARTIAL PRESIDENT, WHO SAID THE "GUILTY UNTIL PROVEN INNOCENT" STANDARD IS "ESSENTIAL" TO THE MILITARY'S MISSION?

 

Briefs will be filed under Rule 25.

 

No. 15-0011/AF. U.S. v. Joshua K. Plant. CCA 38274. 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 EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT THE FINDING OF GUILTY TO CHARGE V AND ITS SPECIFICATION (CHILD ENDANGERMENT) BECAUSE THE EVIDENCE FAILED TO PROVE APPELLANT'S ALCOHOL USE ALONE AMOUNTED TO CULPABLE NEGLIGENCE THAT ENDANGERED THE WELFARE OF L.P.

 

Briefs will be filed under Rule 25.

 

No. 15-0029/AR. U.S. v. Levi A. Keefauver. CCA 20121026. 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 on the following issue:

 

WHETHER THE ARMY COURT ERRED IN FINDING THE PROTECTIVE SWEEP WAS APPROPRIATE IN TOTAL.

 

Briefs will be filed under Rule 25.

 

No. 15-0059/NA. U.S. v. Darron D. Ward, Jr. CCA 201400021. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

THE CONVENING AUTHORITY ISSUED AN INSTRUCTION THAT LIMITED COURT-MARTIAL MEMBER NOMINATIONS TO PERSONNEL ONLY IN THE PAY-GRADES BETWEEN E-7 AND O-5. THE LOWER COURT FOUND THIS SYSTEMATIC EXCLUSION OF PERSONNEL TO BE ERROR, BUT HARMLESS. SHOULD THIS COURT SET ASIDE APPELLANT'S CONVICTIONS BASED ON THE RATIONALE OF UNITED STATES v. KIRKLAND DUE TO THE UNRESOLVED APPEARANCE OF UNFAIRNESS?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0206/NA. U.S. v. Jeffrey F. Morris. CCA 201300348. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 29, 2014.

 

No. 15-0209/AF. U.S. v. Logan B. Carr. CCA 38025. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 29, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 5, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0206/NA. U.S. v. Jeffrey F. Morris. CCA 201300348.

No. 15-0207/AR. U.S. v. Anthony P. Mitchell. CCA 20130626.

No. 15-0208/AR. U.S. v. Luis M. Rodriguez. CCA 20130772.

No. 15-0209/AF. U.S. v. Logan B. Carr. CCA 38025.

No. 15-0210/AF. U.S. v. Christopher J. Winston. CCA 38402.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 4, 2014

 

Petitions for Grant of Review Filed

 

No. 14-0011/AF. U.S. v. Kendall Norman II. CCA 37945.

No. 15-0203/AF. U.S. v. Marckus E. Newhouse. CCA 38019.

No. 15-0204/AF. U.S. v. Melvin E. Stanton, Jr. CCA 38385.

No. 15-0205/AF. U.S. v. Charles R. Braun. CCA S32419.

 

Petitions for Grant of Review Denied

 

No. 14-0673/AR. U.S. v. Christopher L. Moyers. CCA 20110975.

No. 14-0787/AR. U.S. v. Daniel Rojas. CCA 20130701.

No. 15-0095/AF. U.S. v. William J. Matthis. CCA 38312.

 

Interlocutory Orders

 

No. 14-0633/AF. U.S. v. Dustin A. Miller. CCA 37869. Appellee's motion to strike Appellant's reply is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 3, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0201/AR. U.S. v. Twyan J. Mitchell. CCA 20130033.

No. 15-0202/AR. U.S. v. Alvin C. Endsley. CCA 20130052.

 

Petitions for Grant of Review Denied

 

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

No. 14-0675/AR. U.S. v. Erica L. Hurts. CCA 20120301.

No. 14-0739/AR. U.S. v. Christopher D. Riley. CCA 20120073.

No. 14-0748/NA. U.S. v. Kenneth A. Cole. CCA 201300165.

No. 14-0802/AR. U.S. v. Steven A. Hart. CCA 20140055.

No. 15-0002/AR. U.S. v. Donna M. Maxson. CCA 20120578.

No. 15-0050/AF. U.S. v. Anthony M. Watts. CCA S32146.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0077/MC. U.S. v. Matthew T. Engler. CCA 201300365. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and the record of trial, the Court notes a number of errors in the post-trial processing of this case and decision of the lower court: (1) the civilian defense counsel advised the staff judge advocate that he would not submit clemency matters, but then submitted clemency matters several weeks after the convening authority took his initial action; (2) the convening authority purported to take a second action after he forwarded the record to the lower court and thereby lost jurisdiction in the case; (3) the convening authority failed to include the clemency matters in the record; (4) the lower court failed to order the government to produce the missing clemency submission; and (5) the lower court found a legal basis for a conclusion of no prejudice in the second action despite that action being a legal nullity.  Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

CAN A MILITARY APPELLATE COURT USE AN UNLAWFUL CONVENING AUTHORITY'S ACTION TO NEGATE PREJUDICE WHEN TESTING FOR INEFFECTIVE ASSISTANCE OF COUNSEL DURING POST-TRIAL CLEMENCY PROCESSING?

The decision of the United States Navy-Marine Corps Court of Criminal Appeals is reversed, and the convening authority's actions are set aside. The record of trial is returned to the Judge Advocate General of the Navy for submission to an appropriate convening authority for a new recommendation and action. Thereafter, Articles 66 and 67, Uniform Code of Military Justice, 10 U.S.C. 866 and 867 (2012) shall apply.

Orders Granting Petition for Review

 

No. 14-0754/AF. U.S. v. Kirkland C. Nettles. CCA 38336. 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 AIR FORCE HAD PERSONAL JURISDICTION OVER APPELLANT AT THE TIME OF HIS TRIAL.

 

Briefs will be filed under Rule 25.

 

No. 15-0116/AR. U.S. v. Derrick L. Hardy. CCA 20120816. 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 on the following issue:

 

WHETHER IT WAS AN ABUSE OF DISCRETION FOR THE MILITARY JUDGE TO ACCEPT A PLEA OF GUILTY FOR WILLFUL VIOLATION OF A SUPERIOR COMMISSIONED OFFICER IN THE SPECIFICATION OF CHARGE I DESPITE THE ULTIMATE OFFENSE DOCTRINE AND THE MILITARY JUDGE'S APPLYING THE MAXIMUM PUNISHMENT FOR BREAKING RESTRICTION UNDER ARTICLE 134, UCMJ.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 2, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0200/AR. U.S. v. Christopher A. Edgecombe. CCA 20120891.

 

Petitions for Grant of Review Denied

 

No. 15-0141/AR. U.S. v. Xavier A. Marcial. CCA 20140282.

 

Interlocutory Orders

 

No. 15-0192/MC. U.S. v. Eric D. Raines. CCA 201400027. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 22, 2014.

 

No. 15-0193/MC. U.S. v. Dwayne E. Novak, Jr. CCA 201300379. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 22, 2014.

 

No. 15-0194/AF. U.S. v. Aaron J. Lucero. CCA 38386. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 22, 2014.

 

No. 15-0196/AF. U.S. v. Dustin S. Purdy. CCA 38350. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to December 22, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 1, 2014

 

Petitions for Grant of Review Filed

 

No. 15-0192/MC. U.S. v. Eric D. Raines. CCA 201400027.

No. 15-0193/MC. U.S. v. Dwayne E. Novak, Jr. CCA 201300379.

No. 15-0194/AF. U.S. v. Aaron J. Lucero. CCA 38386.

No. 15-0195/MC. U.S. v. Stephen M. Pappas. CCA 201400218.

No. 15-0196/AF. U.S. v. Dustin S. Purdy. CCA 38350.

No. 15-0197/AR. U.S. v. Ruben A. Valle. CCA 20130593.

No. 15-0198/AF. U.S. v. William E. Callaway IV. CCA 38345.

No. 15-0199/AR. U.S. v. Damion M. Petee. CCA 20130128.

 

Petitions for Grant of Review Denied

 

No. 15-0131/MC. U.S. v. Alejandro Torres. CCA 201300396.

No. 15-0136/AR. U.S. v. Rahkeam W. Jacobs. CCA 20121141.

No. 15-0139/AR. U.S. v. Kendell F. Vincent. CCA 20140349.



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