UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-097

Friday, January 31, 2014

 

CERTIFICATES FOR REVIEW FILED

 

No. 14-5002/AF. U.S. v. Michael C. MCPHERSON. CCA S32068. 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 issue:

 

WHETHER ARTICLE 12, UCMJ, APPLIES TO THE CIRCUMSTANCE WHERE AN ACCUSED AND/OR CONVICTED MEMBER OF THE ARMED FORCES IS CONFINED IN IMMEDIATE ASSOCIATION WITH FOREIGN NATIONALS IN A STATE OR FEDERAL FACILITY WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8009/AF. John C. CALHOUN, Appellant v. United States, Appellee. CCA 37274. 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 December 17, 2013 and placed on the docket this 31st day of January, 2014. On consideration thereof, it is ordered that said writ-appeal petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 13-0595/AF. U.S. v. Phillip T. BURLEIGH. CCA 37652. On consideration of the second motion for leave to withdraw filed by Captain Christopher James, USAF, requesting to withdraw from representation as appellate defense counsel, and on consideration of Appellant's letter of August 5, 2013, requesting to defend himself, and his subsequent refusals to cooperate with Captain James, it appears that Appellant no longer desires representation by any Air Force counsel and wishes to represent himself in this case. Accordingly, it is, ordered that said motion for leave to withdraw as appellate defense counsel is hereby granted. It is further ordered that Appellant has 30 days to submit matters to this Court, and that the supplement filed by Captain James with the Court on September 3, 2013, will not be considered by the Court unless Appellant specifically consents to its consideration.

 

No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. Appellant's motion to file the supplement under seal and motion to file the sealed supplement out of time are granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-096

Thursday, January 30, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0158/AF. U.S. v. Candice N. CIMBALL SHARPTON. CCA 38027. Review granted on the following issue:

 

WHETHER THE AIR FORCE COURT ABUSED ITS DISCRETION IN FINDING THE EVIDENCE LEGALLY SUFFICIENT TO SUPPORT A CONVICTION FOR LARCENY FROM THE AIR FORCE.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

 

INTERLOCUTORY ORDERS

 

No. 14-0265/CG. U.S. v. Jaason LEAHR. CCA 1365. On consideration of Appellant's motion to attach documents, and that the proffered documents have already been attached to the record by the Court of Criminal Appeals, it is ordered that said motion is hereby denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-095

Wednesday, January 29, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0066/AR. U.S. v. Jonathan J. BLAIR. CCA 20110846.

No. 14-0186/AR. U.S. v. Steven F. GUZMAN II. CCA 20100020.

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-094

Tuesday, January 28, 2014

 

HEARINGS

 

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

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0376/AR. U.S. v. Andrew J. STOICK. CCA 20130479.

No. 14-0377/AR. U.S. v. Danewood L. KIRKPATRICK. CCA 20100716.

No. 14-0378/AR. U.S. v. George A. FIEBELKORN. CCA 20130629.

 

INTERLOCUTORY ORDERS

 

No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including February 6, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0358/AF. U.S. v. Jonathan K. ROWELL. CCA S31991. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 13, 2014.

 

No. 14-0361/AF. U.S. v. Donald R. SWIGER, Jr. CCA 38231. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 13, 2014.

 

No. 14-0364/AR. U.S. v. Keith A. JACKSON. CCA 20120026. Appellant's motion to extend time to file the supplement to the petition for grant of review granted February 13, 2014.

 

No. 14-0368/AR. U.S. v. Dennis E. DOCKER. CCA 20110796. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2014.

 

No. 14-0370/AF. U.S. v. Michael W. GLEISER. CCA 38155. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2014.

 

No. 14-0371/AF. U.S. v. Larry M. PALMER III. CCA 38184. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-093

Monday, January 27, 2014

 

APPEALS SUMMARY DISPOSITIONS

 

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of United States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010), we note that the proper victim in Specifications 2, 3, and 4 of Charge V was the merchant who provided the goods and services upon false pretenses, not the debit cardholder/Soldier. However, the charge sheet, stipulation of fact, and providence inquiry focused on the three Soldiers as victims, and there was no discussion on the record of whether the merchants were victimized. See Lubasky, 68 M.J. at 263. Accordingly, it is ordered that said petition is granted on the following issue:

 

WHETHER APPELLANT COMMITTED LARCENIES OF THE PROPERTY OF THREE SOLDIERS BY USING THEIR BANK CARDS WITHOUT AUTHORITY.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to Specifications 2, 3, and 4 of Charge V, and the findings of guilty as to those specifications are set aside. The remaining findings are affirmed. The record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court may either dismiss Specifications 2, 3, and 4 of Charge V and reassess the sentence based on the affirmed findings, or it may order a rehearing on the affected specifications and the sentence.  [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028.  [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0365/AR. U.S. v. Isaac J. LONG. CCA 20111087.

No. 14-0366/AF. U.S. v. Ryan J. DERAAS. CCA S32141.

No. 14-0367/AR. U.S. v. Justin W. RIGGS. CCA 20110340.

No. 14-0368/AR. U.S. v. Dennis E. DOCKERY. CCA 20110796.

No. 14-0369/AR. U.S. v. Cody A. CASTRO. CCA 20110071.

No. 14-0370/AF. U.S. v. Michael W. GLEISER. CCA 38155.

No. 14-0371/AF. U.S. v. Larry M. PALMER III. CCA 38184.

No. 14-0372/AR. U.S. v. Christopher B. NICKERSON. CCA 20120191.

No. 14-0373/AR. U.S. v. Brent J. MCBRIDE. CCA 20120316.

No. 14-0374/AF. U.S. v. Daniel R. BACKHUS. CCA 38134.

No. 14-0375/AR. U.S. v. Ronald M. DAVENPORT, Jr. CCA 20120408.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8008/AR. Timothy B. HENNIS, Petitioner v. Siobahn LEDWITH, Colonel, United States Army, Commandant, U.S. Disciplinary Barracks, the United States Army, and the United States, Respondents. CCA 20100304. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(a) on this date.

 

MANDATES ISSUED

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-092

Friday, January 24, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0491/AF. U.S. v. Mark J. JORDAN. CCA S31939.*

No. 14-0357/AF. U.S. v. Jeremy S. MCMANUS. CCA S32126.

No. 14-0358/AF. U.S. v. Jonathan K. ROWELL. CCA S31991.

No. 14-0359/AR. U.S. v. Korey G. HUFF. CCA 20120038.

No. 14-0360/AR. U.S. v. Samir ZUBAIR. CCA 20110433.

No. 14-0361/AF. U.S. v. Donald R. SWIGER, Jr. CCA 38231.

No. 14-0362/AR. U.S. v. Dexter Q. JOHNSON. CCA 20120141.

No. 14-0363/AR. U.S. v. Bradley H. SCOTT. CCA 20130209.

No. 14-0364/AR. U.S. v. Keith A. JACKSON. CCA 20120026.

 

INTERLOCUTORY ORDERS

 

No. 14-0119/AF. U.S. v. Charles W. PAUL. CCA S32025. On consideration of the motion filed by Major Zaven T. Saroyan to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is hereby granted.

______________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-091

Thursday, January 23, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN ACCEPTING APPELLANT'S GUILTY PLEA AS TO THE CLAUSE THREE, ARTICLE 134, UCMJ, OFFENSE CHARGED IN SPECIFICATION 1 OF THE CHARGE WHEN APPELLANT WAS NOT ON NOTICE OF THE THEORY OF LIABILITY.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to the words and figures "under 18 U.S.C. 2252A," in Specification 1 of the Charge, but is affirmed in all other respects. The finding of guilty as to those words and figures is set aside and that portion of Specification 1 is dismissed. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0070/AR. U.S. v. Steven V. RAGELS. CCA 20110955. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0150/AF. U.S. v. Trevor J. TUCKER. CCA 38129.

No. 14-0154/AR. U.S. v. Eduardito DEHOYOS-GUASH. CCA 20120894.

No. 14-0178/AR. U.S. v. Martin BENITEZ, Jr. CCA 20121191.

No. 14-0212/AR. U.S. v. Vanessa A. CHERRY. CCA 20110855.

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

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

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

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

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

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

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0355/AR. U.S. v. Anthony L. LEWIS. CCA 20121140.

No. 14-0356/AR. U.S. v. Steven G. HOWSAM. CCA 20120205.

 

INTERLOCUTORY ORDERS

 

No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112. Appellant's motion to extend time to file a brief and a joint appendix granted, but only up to and including February 6, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0295/AR. U.S. v. James E. FORD. CCA 20110417. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including February 4, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0296/AR. U.S. v. Paul BEARDEN, Jr. CCA 20110754. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including February 5, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0297/AR. U.S. v. Allen D. CHESTNUT. CCA 20120612. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including February 5, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 6, 2014.

 

No. 14-0338/AR. U.S. v. Christopher D. BIRDSONG. CCA 20110440. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 6, 2014.

 

No. 14-0340/AF. U.S. v. Joseph B. TAPP. CCA S32085. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2014.

 

No. 14-0341/AR. U.S. v. Joshua K. BASS. CCA 20130546. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 10, 2014.

 

No. 14-0342/AF. U.S. v. Ronald M.E. DANIEL. CCA 38186. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2014.

 

No. 14-0344/AF. U.S. v. John R. VASQUEZ, Jr. CCA 38192. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2014.

 

No. 14-0347/AF. U.S. v. Demario RILEY. CCA S32097. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2014.

 

No. 14-0348/AF. U.S. v. Michael C. MCPHERSON. CCA S32068. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2014.

 

No. 14-0349/AF. U.S. v. Stephen S. MADIGAN. CCA 38339. Appellant's motion to extend time to file the supplement to the petition for grant of review granted February 11, 2014.

 

No. 14-0353/AR. U.S. v. Samuel L. SYKES. CCA 20110747. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 10, 2014.

 

MANDATES ISSUED

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-090

Wednesday, January 22, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0340/AF. U.S. v. Joseph B. TAPP. CCA S32085.

No. 14-0341/AR. U.S. v. Joshua K. BASS. CCA 20130546.

No. 14-0342/AF. U.S. v. Ronald M.E. DANIEL. CCA 38186.

No. 14-0343/AF. U.S. v. Jesus R. ALANIZ. CCA S32072.

No. 14-0344/AF. U.S. v. John R. VASQUEZ, Jr. CCA 38192.

No. 14-0345/AR. U.S. v. Ronald D. SPAGNUOLO. CCA 20110527.

No. 14-0346/AR. U.S. v. Casey A. GARRISON. CCA 20110545.

No. 14-0347/AF. U.S. v. Demario RILEY. CCA S32097.

No. 14-0348/AF. U.S. v. Michael C. MCPHERSON. CCA S32068.

No. 14-0349/AF. U.S. v. Stephen S. MADIGAN. CCA 38339.

No. 14-0350/NA. U.S. v. Mark J. MUSACCHIO, Jr. CCA 201300145.

No. 14-0351/AF. U.S. v. Wayne A. ELLIS. CCA 38176.

No. 14-0352/AF. U.S. v. Adam G. JOHNSEN. CCA S32057.

No. 14-0353/AR. U.S. v. Samuel L. SYKES. CCA 20110747.

No. 14-0354/AR. U.S. v. William L. MCDONALD. CCA 20130499.

_____________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-089

Friday, January 17, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0332/AF. U.S. v. Joel S. BOGNER. CCA 38194.

No. 14-0333/AF. U.S. v. Devin R. GERDES. CCA S32091.

No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230.

No. 14-0335/AR. U.S. v. Teakell D. SMITH. CCA 20110401.

No. 14-0336/AR. U.S. v. Dylan P. STAHL. CCA 20120664.

No. 14-0337/AR. U.S. v. William C. FOSTER. CCA 20120601.

No. 14-0338/AR. U.S. v. Christopher D. BIRDSONG. CCA 20110440.

No. 14-0339/AF. U.S. v. Dexter J. PAYNE. CCA S32093.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-088

Thursday, January 16, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0573/AR. U.S. v. Calvin J. DAVENPORT. CCA 20081102. Review granted on the following issue:

 

WHETHER THE OMISSION OF TESTIMONY FROM A TRIAL TRANSCRIPT RENDERS THE TRANSCRIPT NON-VERBATIM AND THEREFORE SUBJECT TO THE REMEDY IN R.C.M. 1103(f)(1) WHERE THE WITNESS'S TESTIMONY IS ONLY RELEVANT TO AN OFFENSE OF WHICH APPELLANT HAS BEEN ACQUITTED; OR, WHETHER SUCH OMISSION SHOULD BE ADDRESSED UNDER R.C.M. 1103(b)(2)(A)(REQUIREMENT FOR A COMPLETE RECORD) AND THUS TESTED FOR WHETHER THE PRESUMPTION OF PREJUDICE HAS BEEN REBUTTED. SEE UNITED STATES v. GASKINS, 72 M.J. 225 (C.A.A.F. 2013); UNITED STATES v. HENRY, 53 M.J. 108 (C.A.A.F. 2000).

 

Briefs will be filed under Rule 25.

 

No. 14-0040/NA. U.S. v. Ethan S. SHORT. CCA 201200483. Review granted on the following issue:

 

A PUNITIVE DISCHARGE MAY NOT BE AFFIRMED WHEN THE RECORD IS NOT VERBATIM. HERE, DURING SENTENCING, THE MEMBERS HEARD SOME PORTION OF THE PROVIDENCE INQUIRY WHICH DREW A CURATIVE INSTRUCTION FROM THE MILITARY JUDGE. ON APPEAL, THE LOWER COURT ATTACHED, OVER DEFENSE OBJECTION, WHAT PURPORTED TO BE THE MISSING SECTION. THIS SECTION WAS NOT PROPERLY AUTHENTICATED NOR DOES IT ACCURATELY REFLECT THE MISSING PORTION. MAY APPELLANT'S PUNITIVE DISCHARGE BE AFFIRMED DESPITE THE LACK OF A VERBATIM RECORD?

 

Briefs will be filed under Rule 25.

 

No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DENIED THE DEFENSE'S MOTION TO SUPPRESS APPELLANT'S STATEMENT TO THE MILITARY POLICE.

 

Briefs will be filed under Rule 25.

 

No. 14-0230/AR. U.S. v. Samuel R. SPOTTS. CCA 20111144. Review granted on the following issue:

 

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS TRIAL DEFENSE COUNSEL FAILED TO REQUEST DEFERMENT OF AUTOMATIC FORFEITURES ON HIS BEHALF.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0072/AR. U.S. v. Eddie N. DIVIDU, Jr. CCA 20120355.

No. 14-0084/AR. U.S. v. Christopher GRAY. CCA 20090259.

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0331/AR. U.S. v. Nicholas R. THORNTON. CCA 20130268.

 

INTERLOCUTORY ORDERS

 

No. 13-0510/AF. U.S. v. Christopher S. FERRIS. CCA 37885. Appellant's motion to supplement the record is denied.

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellee's motion to extend time to file a brief granted to February 18, 2014.

 

No. 14-0138/AF. U.S. v. Danny M. BURNS. CCA 37847. Appellant's motion to attach is granted.

 

No. 14-0298/AR. U.S. v. Edmond D. JONES. CCA 20111011. Appellant's motion to withdraw the petition for grant of review is granted.

 

No. 14-0130/AF. U.S. v. David J. JANSSEN. CCA 37681. On consideration of Appellee's brief and its January 15, 2014, letter to the Clerk, filed under Rule 36A, Rules of Practice and Procedure, we find that they insufficiently address the assigned issue and Appellant's argument. When counsel submits an insufficient brief, an appellate court can and should require re-briefing. See Passmore v. Estell, 607 F.2d 662, 664 (5th Cir. 1979), cert. denied 446 U.S. 937 (1980). As noted in Entsminger v. Iowa, 386 U.S. 748, 751-52 (1967), both the appellate court and counsel share in the responsibility to provide complete and effective appellate review. Accordingly, it is ordered that, on or before January 23, 2014, Appellee will file a supplemental brief fully addressing the assigned issue and Appellant's arguments. No extensions of time to file will be granted.

No. 14-6003/AR. U.S. v. Robert J. TRANK. CCA 20130742. On consideration of the petition for grant of review filed by counsel for the appellant on January 15, 2013, under Rule 19(a)(5)(B), Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, and docketed under Docket Number 14-0331/AR, and it now appearing that said petition is in fact a petition for grant of review of the decision of the United States Army Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 USC 862, it is ordered the Docket Number 14-6003/AR be forthwith assigned to this case, that Docket Number 14-0331/AF be removed from this case and reassigned in due course to an appropriate newly filed petition, that the Clerk of the Court and counsel for both parties herein promptly ensure that the new docket number assigned to this case be noted on all pleadings filed to date in this matter, and that Appellee will file an answer in accordance with Rule 21(c)(1) on or before January 27, 2014.

No. 14-8004/AF. U.S. v. Samuel LOFTON III. CCA 2011-10. On consideration of the writ-appeal petition, the Court notes from the record that the decision of the Court of Criminal Appeals denying the petition for extraordinary relief was issued on July 15, 2013, and that a transmittal letter with a copy of that decision was sent to Appellant at the United States Disciplinary Barracks on July 16, 2013. If Appellant received that letter at the Disciplinary Barracks prior to October 3, 2013, then this appeal, which was filed on October 23, 2013, was not timely filed. See C.A.A.F. R. 19(e) (noting that a writ-appeal petition must be filed within 20 days after the decision of the Court of Criminal Appeals is served on the appellant or his counsel). In this case, the writ-appeal petition itself states that Appellant was served with the decision on October 2, 2013. However, a signed receipt for the transmittal letter of the decision of the Court of Criminal Appeals does not appear in the record. Accordingly, it isordered that on or before February 7, 2014, Appellee obtain and submit to the Court the transmittal-letter receipt or any other documentation of service on Appellant of the decision of the Court of Criminal Appeals.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-087

Wednesday, January 15, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 11-0210/AF. U.S. v. Terris N. CAVITT. CCA S31637.

No. 14-0083/MC. U.S. v. Jose M. LOPEZ. CCA 201200457.*

No. 14-0182/AR. U.S. v. Jose E. ARMSTRONG. CCA 20121.

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-6003/AR. U.S. v. Robert J. TRANK. CCA 20130742.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8007/NA. L.C., Midshipman U.S. Navy, Appellant v. Daniel J. Daugherty, Colonel, USMC (in his official capacity as Military Judge), Appellee, Eric Graham, Midshipman U.S. Navy, Real Party In Interest. CCA 201300486. On consideration of Appellant's motion for an emergency stay of the proceedings and motion to dismiss the writ-appeal petition, it is ordered that said motion to dismiss the writ-appeal petition is hereby granted, and said motion for an emergency stay of the proceedings is hereby denied as moot.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's motion to substitute supplemental exhibit 1 with original is granted.

 

No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including January 28, 2014, and absent extraordinary circumstances, no further extension of time will be granted.

____________________________

 

* Judge Ryan did not participate in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-086

Tuesday, January 14, 2014

 

HEARINGS

 

No. 13-0565/AR. U.S. v. Christopher R. KEARNS. CCA 20110348.

No. 14-0009/AR. U.S. v. Jesus GUTIERREZ, Jr. CCA 20120104.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 14-0208/AR. U.S. v. Clinton S. SMITH. CCA 20130260.

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0328/AR. U.S. v. John H. YI. CCA 20120808.

No. 14-0329/AR. U.S. v. Aaron R. STANLEY. CCA 20111078.

No. 14-0330/NA. U.S. v. Wayne A. LEWIS, Jr. CCA 201300203.

 

INTERLOCUTORY ORDERS

 

No. 14-0322/MC. U.S. v. Matthew A. GILBREATH. CCA 201200427. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 30, 2014.

 

No. 14-0323/AR. U.S. v. Carlos S. CAICEDO. CCA 20110833. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 3, 2014.

 

No. 14-0327/AF. U.S. v. Zachary N. CAPPS. CCA 38160. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 3, 2014.

 

No. 14-6002/AF. U.S. v. Ronnie S. MOBLEY, Jr. CCA 2013-21. Appellant's motion to stay trial proceedings is denied.

 

MANDATES ISSUED

 

No. 11-0280/AR. U.S. v. Douglas K. WINCKELMANN. CCA 20070243.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-085

Monday, January 13, 2014

 

HEARINGS

 

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

No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0323/AR. U.S. v. Carlos S. CAICEDO. CCA 20110833.

No. 14-0324/AR. U.S. v. Cody J. ODOM. CCA 20130307.

No. 14-0325/AF. U.S. v. Benjamin T. ROJEK. CCA 38329.

No. 14-0326/AF. U.S. v. William I. SMITH. CCA 38333.

No. 14-0327/AF. U.S. v. Zachary N. CAPPS. CCA 38160.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-084

Friday, January 10, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0319/NA. U.S. v. Donald M. JOHNSON. CCA 201200379.

No. 14-0320/MC. U.S. v. Jimmy GALYON. CCA 201300163.

No. 14-0321/AR. U.S. v. Gordon E. PAULSON. CCA 20130478.

No. 14-0322/MC. U.S. v. Matthew A. GILBREATH. CCA 201200427.

 

INTERLOCUTORY ORDERS

 

No. 14-0275/AR. U.S. v. Emanuel R. WATERS. CCA 20111073. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including January 24, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0319/NA. U.S. v. Donald M. JOHNSON. CCA 201200379. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 30, 2014.

 

No. 14-0320/MC. U.S. v. Jimmy GALYON. CCA 201300163. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 30, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-083

Thursday, January 9, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0171/AR. U.S. v. Jesse J. GUERRERO. CCA 20120983.

No. 14-0181/AR. U.S. v. Arron M. HAMMACK. CCA 20101007.

No. 14-0193/AR. U.S. v. Luis J. RAMOS-GONZALEZ. CCA 20120440.

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0318/AR. U.S. v. Gregory S. SWINTON. CCA 20130182.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-082

Wednesday, January 8, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0315/AR. U.S. v. Stanley A. JOSEY. CCA 20120907.

No. 14-0316/AR. U.S. v. Oscar RAMIREZ, Jr. CCA 20100888.

No. 14-0317/AR. U.S. v. Deangello A. ARMSTRONG. CCA 20120732.

 

INTERLOCUTORY ORDERS

 

No. 14-0012/AF. U.S. v. Nicholas R. ELESPURU. CCA 38055. Appellant's motion for judicial estoppel and motion to attach pleading are denied.

 

No. 14-0254/AR. U.S. v. Jack A. MICKLER. CCA 20110120. 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 January 21, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0261/AR. U.S. v. Elliot M. CARRASQUILLO. CCA 20110719. 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 21, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0312/AF. U.S. v. David T. LAFKO. CCA 38177. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 27, 2014.

 

No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 27, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No.14-081

Tuesday, January 7, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0311/AF. U.S. v. James R. FAILE. CCA S32098.

No. 14-0312/AF. U.S. v. David T. LAFKO. CCA 38177.

No. 14-0313/AR. U.S. v. Christopher R. DARBYSHIRE. CCA 20110026.

No. 14-0314/AR. U.S. v. Benjamin S. HOLLOWAY. CCA 20120615.

No. 14-6002/AF. U.S. v. Ronnie S. MOBLEY, Jr. CCA 2013-21.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-080

Monday, January 6, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 13-0706/AF. U.S. v. Joshua M. O'FARRELL. CCA 37630.

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

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

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

No. 14-0196/AR. U.S. v. Jacob M. RITCHIE. CCA 20130104.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0309/AR. U.S. v. Lyle WOODY. CCA 20120146.

No. 14-0310/AR. U.S. v. Carlton Z. VAZQUEZ. CCA 20120109.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8007/NA. L.C., Midshipman U.S. Navy, Appellant v. Daniel J. Daugherty, Colonel, USMC (in his official capacity as Military Judge), Appellee, Eric Graham, Midshipman U.S. Navy, Real Party In Interest. CCA 201300486.Notice is hereby given that a writ appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision on application for extraordinary relief and a motion for a stay were filed under Rule 27(b) on this date.

 

SPECIAL DOCKET MATTERS

 

No. 14-02. In the matter of Stephen G. Merrill. It appearing that the above-named attorney is a member of the Bar of this Court, that he was suspended from the practice of law by the Supreme Court of Alaska and the United States Court of Appeals for the Fourth Circuit, 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 November 6, 2013, and afforded 30 days to show cause why he should not be disbarred, that said attorney has not submitted any matters to the Court, and upon consideration of the action of the Supreme Court of Alaska and the United States Court of Appeals for the Fourth Circuit, it is ordered that Stephen G. Merrill, is hereby suspended indefinitely from the practice of law before this Court, effective the date of this Order, with the provision that if he is readmitted to practice law by the Supreme Court of Alaska and the United States Court of Appeals for the Fourth Circuit, he may petition this Court for readmission to the Bar of the Court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-079

Friday, January 3, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0046/AR. U.S. v. Edwin M. RIVERS. CCA 20110309.

No. 14-0073/AR. U.S. v. Jose A. GUZMAN-BONANO. CCA 20120011.

No. 14-0163/AF. U.S. v. Alfred K. GALLARDO. CCA 38100.

No. 14-0164/AR. U.S. v. Robert J. COUGHLIN. CCA 20110097.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0306/AF. U.S. v. Audrey A. JONES. CCA S32099.

No. 14-0307/AR. U.S. v. Luis A. CASTILLO. CCA 20121111.

No. 14-0308/AR. U.S. v. Richard W. CURTICIAN. CCA 20120456.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's motion to extend time to respond to the Court's order is granted, up to and including January 10, 2014. No further extension of time will be granted to respond to the Court's order.

 

No. 14-0248/AR. U.S. v. Joshua L. ALANIZ. CCA 20111170. 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 17, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0301/AF. U.S. v. Jason W. HEPBURN. CCA S32073. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.

 

No. 14-0302/AF. U.S. v. Michael S. STEINKAMP, Jr. CCA S32078. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 21, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-078

Thursday, January 2, 2014

 

APPEALS-SUMMARY DISPOSITIONS

 

No. 14-0077/AR. U.S. v. Robert L. DAVIS, Jr. CCA 20120244. Review granted on the following issue:

 

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING THE POST-TRIAL PHASE OF HIS COURT-MARTIAL WHEN HIS TRIAL DEFENSE COUNSEL FAILED TO REQUEST DEFERMENT OF FORFEITURES DESPITE HIS REQUEST TO DO SO.

 

The decision of the United States Army Court of Criminal Appeals is set aside, as is the convening authority's action. The record of trial is returned to the Judge Advocate General of the Army 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. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 13-0531/AF. U.S. v. Matthew B. ALBRIGHT. CCA 37961. Review granted on the following issue:

 

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

 

No briefs will be filed under Rule 25.

 

No. 14-0077/AR. U.S. v. Robert L. DAVIS, Jr. CCA 20120244. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 14-0169/AR. U.S. v. Anthony P. VILLARREAL. CCA 20110738.

No. 14-0170/AR. U.S. v. Christine GONZALEZ. CCA 20120984.

No. 14-0187/AR. U.S. v. Terrance SCOTT. CCA 20130261.

No. 14-0188/AR. U.S. v. Matthew E. WOOD. CCA 20130025.

No. 14-0189/AF. U.S. v. David P. TAYLOR. CCA 38137.

No. 14-0190/AR. U.S. v. Kareem HATCHER. CCA 20130013.

No. 14-0191/AF. U.S. v. Reginald H. NORWOOD. CCA S32041.

No. 14-0192/AR. U.S. v. Cameron R. PARROTT. CCA 20110958.

No. 14-0194/AR. U.S. v. Salvatore J. MAGGIORE. CCA 20121179.

No. 14-0195/AR. U.S. v. Belal M. ANSARI. CCA 20110712.

No. 14-0198/AF. U.S. v. Hamilton J. JACKSON. CCA S32123.

No. 14-0201/AF. U.S. v. Jeffrey E. KERNS. CCA S32088.

No. 14-0203/AR. U.S. v. Jeffrey L. MEWBORN. CCA 20130130.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0303/AR. U.S. v. Michael A. CERAMI. CCA 20130205.

No. 14-0304/AR. U.S. v. Christopher R. WEBB. CCA 20130466.

No. 14-0305/NA. U.S. v. Grady W. NATIONS. CCA 201200524.



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