UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-133

Monday, March 31, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0231/AF. U.S. v. Andrew J. THOMPSON. CCA S32019.*

No. 14-0482/AR. U.S. v. Ivan A. SANCHEZ. CCA 20130646.

No. 14-0483/AF. U.S. v. Steven J. HOLSEY. CCA 38306.

No. 14-0484/AF. U.S. v. Tae Yoon CHUNG. CCA 38168.

____________________________________

 

* Third petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-132

Friday, March 28, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0478/AR. U.S. v. Michael A. ANTWI. CCA 20110112.

No. 14-0479/AR. U.S. v. Kirk D. VOGT, Jr. CCA 20111036.

No. 14-0480/AF. U.S. v. Elliot K. JORDAN. CCA 38319.

No. 14-0481/AF. U.S. v. Deanthony D. WILLIAMS. CCA 38394.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-131

Thursday, March 27, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0477/NA. U.S. v. Warren J. WHITE. CCA 201300115.

 

INTERLOCUTORY ORDERS

 

No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. On consideration of the motion filed by Professor Eric R. Carpenter, Assistant Professor of Law, Florida International University College of Law, for leave to file Amicus brief and to have a law student enter an appearance on behalf of Amicus and motion by Amicus to submit oral argument, said motions are hereby granted, and Amicus Curiae will be allotted 10 minutes to present oral argument.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-130

Wednesday, March 26, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

No. 14-0416/AR. U.S. v. Daniel B. PARKER. CCA 20130617.

No. 14-0424/AR. U.S. v. Michael T. BROWN, Sr. CCA 20121106.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0473/AR. U.S. v. Larry R. GUTAI. CCA 20120916.

No. 14-0474/AR. U.S. v. Errol V. SCOTT. CCA 20111082.

No. 14-0475/AR. U.S. v. Anthony A. PALUMBO. CCA 20130381.

No. 14-0476/AR. U.S. v. Kevin J. RYAN. CCA 20120488.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8014/AF. U.S. v. Mark K. ARNESS. CCA 2013-30. 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 in the nature of a writ or error coram nobis was filed under Rule 27(b).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-129

Tuesday, March 25, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. 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 that the decision of the United States Air Force Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is noted that the military judge neglected to seal Appellate Exhibits IX, X, and XI, pertaining to the admissibility of matters under MRE 412. Accordingly, the Clerk is directed to seal Appellate Exhibits IX, X, and XI.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0334/AF. U.S. v. Aaron J. JENNINGS. CCA 38230. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

No. 14-0418/AR. U.S. v. Maurice A. FREEMAN. CCA 20120531.

No. 14-6004/NA. U.S. v. Lamont E. HOYES. CCA 201300303.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0470/AR. U.S. v. Bryan J. FIELD. CCA 20130375.

No. 14-0471/AR. U.S. v. Jamaal LEWIS. CCA 20111166.

No. 14-0472/AR. U.S. v. Daniel MCKELLER. CCA 20120370.

 

INTERLOCUTORY ORDERS

 

No. 14-0071/AR. U.S. v. Travis D. JONES. CCA 20110679. Appellee's motion for leave to file a supplemental joint appendix granted.

 

No. 14-0209/AR. U.S. v. Roy L. STIFF, Jr. CCA 20110534. Appellant's motion to file the petition for reconsideration out of time denied.

 

No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297. Appellee's motion to extend time to file a supplement to the petition for grant of review granted to April 10, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-128

Monday, March 24, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0468/AR. U.S. v. Seth D. LEMASTERS. CCA 20111143.

No. 14-0469/AR. U.S. v. Matthew R. GIROUX. CCA 20120414.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 13-6004/AF. U.S. v. Samuel A. WICKS. CCA 2013-08. On consideration of Appellee's petition for reconsideration of the Court's opinion, 73 M.J. 93 (C.A.A.F. 2014), it is ordered that said petition for reconsideration is denied.

 

MANDATES ISSUED

 

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

Nos. 13-0353/AF & 13-5007/AF. U.S. v. Laurence H. FINCH. CCA 38081.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-127

Friday, March 21, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0465/AR. U.S. v. Ronald L. GREEN. CCA 20110286.

No. 14-0466/AR. U.S. v. Jeffery L. LECLAIR. CCA 20120082.

No. 14-0467/MC. U.S. v. Tony L. PIATTI. CCA 201300316.

No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-126

Thursday, March 20, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

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

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

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

No. 14-0397/AR. U.S. v. Joshua A. PHENIX. CCA 20111108.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0464/AR. U.S. v. Jose A. PADILLA. CCA 20130125.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-125

Wednesday, March 19, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0462/AR. U.S. v. Glenn T. HILL. CCA 20120652.

No. 14-0463/AR. U.S. v. Bryan S. CERRITOS. CCA 20120192.

 

INTERLOCUTORY ORDERS

 

No. 14-0048/AR. U.S. v. Jason C. WAGNER. CCA 20111064. Appellee's motion to file a 10-day answer letter out of time denied.

 

No. 14-0214/AF. U.S. v. Danny W. NEWTON. CCA 37882. Appellant's motion to supplement the record denied.

 

No. 14-0430/AR. U.S. v. Jason A. BLANCHETTE. CCA 20120291. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including April 2, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0434/NA. U.S. v. Johnny R. RICHARDS. CCA 201300332. 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 April 8, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0456/MC. U.S. v. Alex J. DURAN. CCA 201200440. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 3, 2014.

 

No. 14-0458/AF. U.S. v. Nicholas S. LAFOLLETTE. CCA 38174. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 7, 2014.

 

No. 14-0461/AR. U.S. v. Stephen M. CHAPMAN. CCA 20120740. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 7, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-124

Tuesday, March 18, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 14-0403/AR. U.S. v. Jejuan K. WILLIAMS, Jr. CCA 20130238.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0457/AR. U.S. v. Eric R. CASTILLO. CCA 20110935.

No. 14-0458/AF. U.S. v. Nicholas S. LAFOLLETTE. CCA 38174.

No. 14-0459/AF. U.S. v. Kevin A. KENNEDY. CCA 38358.

No. 14-0460/AF. U.S. v. Joshua D. NEWSOM. CCA 38224.

No. 14-0461/AR. U.S. v. Stephen M. CHAPMAN. CCA 20120740.

 

DOCKETING NOTICE

 

No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, and a supporting brief were filed under Rule 22 this date on the following issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY SUPPRESSING APPELLEE'S WRITTEN AND ORAL STATEMENTS THAT PERTAINED TO HIS VIEWING AND POSSESSING CHILD PORNOGRAPHY ON THE BASIS OF LACK OF CORROBORATION.

 

Appellee will file an answer under Rule 22(b)(1) on or before March 28, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-123

Friday, March 14, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0617/MC. U.S. v. Hugo I. VALENTIN, Jr. CCA 201000683.*

No. 14-0454/AR. U.S. v. Juan D. MARTINEZ. CCA 20110728.

No. 14-0455/AR. U.S. v. Michael MERCADO-WISCOVITCH. CCA 20120549.

No. 14-0456/MC. U.S. v. Alex J. DURAN. CCA 201200440.

 

INTERLOCUTORY ORDERS

 

No. 14-0420/AR. U.S. v. Kyle C. NEWMAN. CCA 20100481. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including March 28, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

___________________________________

 

* Third petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-122

Thursday, March 13, 2014

 

CERTIFICATES FOR REVIEW FILED

 

No. 14-5004/AF. U.S. v. Nicholas T. BURNS. CCA S32084. 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 on this date, on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA) ABUSED ITS DISCRETION AND COMMITTED A MISCARRIAGE OF JUSTICE BY REACHING ITS ERRONEOUS FACTUAL INSUFFICIENCY CONCLUSION AND BY RELYING UPON FACTS NOT ESTABLISHED IN THE RECORD IN FINDING APPELLANT'S CONVICTION NOT FACTUALLY SUFFICIENT.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before April 14, 2014. Appellee will file an answer no later than 30 days after the filing of Appellant's brief.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0207/AR. U.S. v. Benjamin T. MOORE. CCA 20120989.

No. 14-0400/AR. U.S. v. Dustin E. WILLIAMS. CCA 20120557.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0453/AR. U.S. v. James S. PIREN. CCA 20110416.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8010/NA. L.C., Midshipman, U.S. Navy, Appellant v. United States, Appellee, Joshua L. Tate, Midshipman, U.S. Navy, Real Party in Interest. CCA 201400044. On consideration of Appellant's writ-appeal petition, Appellant's motion to request an emergency order, the motion of the Maryland Crime Victims' Resource Center, Inc., to participate as an amicus curiae and file an amicus curiae brief, the motion of the United States to substitute itself for the named military judge appellee, the motion of the National Crime Victim Law Institute to participate as an amicus curiae and file an amicus curiae brief, the motion of Protect Our Defenders to participate as an amicus curiae and file an amicus curiae brief, the motion of the United States to attach the military judge's ruling that is captioned, "In Camera Review YWCA Counseling Records," and the motion of the United States to attach, under seal, the military judge's sealing order and summary of mental health documents dated February 19, 2014, it is ordered that Appellant's motion to request an emergency order is denied, that the motions of the United States to substitute itself for the named military judge appellee, to attach the military judge's ruling that is captioned, "In Camera Review YWCA Counseling Records," and to attach, under seal, the military judge's sealing order and summary of mental health documents dated February 19, 2014 are granted, that the motions of the Maryland Crime Victims' Resource Center, Inc., the National Crime Victim Law Institute, and Protect Our Defenders to participate as amicus curiae and file amicus curiae briefs are granted, and that upon consideration of all the pleadings filed, said writ-appeal petition is hereby denied without prejudice to any right Appellant may have to challenge the military judge's disclosure of a summary of certain psychotherapy records to the defense.

 

Misc. No. 14-8012/CG. United States, Appellant v. Christine N. CUTTER, Captain, U.S. Coast Guard, Military Judge, Appellee, and William R. Bisel, Aviation Maintenance Technician Third Class, U.S. Coast Guard, Real Party in Interest. CCA 001-14. On consideration of the writ-appeal petition, it is ordered that said writ-appeal is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellee's motion to exclude Appendix B to Appellant's amended final brief on behalf of Appellant is denied.

 

MANDATES ISSUED

 

No. 13-5010/AR. U.S. v. Shawn M. HINES. CCA 20120024.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-121

Wednesday, March 12, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592. On consideration of the granted issue, __ M.J. __ (C.A.A.F. Daily Journal, March 5, 2014) (order granting review), and in view of United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 14-0044/AF. U.S. v. Morgan A. WINN. CCA 37772. On consideration of the granted issue, __ M.J. __ (C.A.A.F. Daily Journal, December 23, 2013) (order granting review), and in view of United States v. Winckelmann, 73 M.J. 11 (C.A.A.F. 2013), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0222/AF. U.S. v. Adrian TORRES. CCA 37623. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY DENYING THE DEFENSE REQUESTED INSTRUCTION.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 12-0414/AR. U.S. v. David G. SPICER, Jr. CCA 200900608.

No. 13-0016/AR. U.S. v. Daniel GASKINS. CCA 20080132.

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

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

No. 13-0711/AR. U.S. v. Colt M. SMITH. CCA 20110398.

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

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

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

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

No. 14-0396/AR. U.S. v. Tyrell D. MACK. CCA 20120247.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0451/AR. U.S. v. Caleb M. RUNKLE. CCA 20130464.

No. 14-0452/AR. U.S. v. Daniel R. KARNES. CCA 20130076.

 

INTERLOCUTORY ORDERS

 

No. 14-0448/AR. U.S. v. Anthony M. STANCZYK. CCA 20110438. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 31, 2014.

________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-120

Tuesday, March 11, 2014


PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0184/AF. U.S. v. Joseph S. HEGARTY. CCA S33055.

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

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

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

No. 14-0389/AR. U.S. v. Robert S. JENKS. CCA 20111122.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0448/AR. U.S. v. Anthony M. STANCZYK. CCA 20110438.

No. 14-0449/AR. U.S. v. Larry J. WILLIAMS, Jr. CCA 20120341.

No. 14-0450/AR. U.S. v. Aljamar S. WARD. CCA 20120238.

 

INTERLOCUTORY ORDERS

 

No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. On consideration of the motion filed by Captain Isaac C. Kennen for leave to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new counsel has assumed representation of said Appellant. Accordingly, it is orderd that said motion is hereby granted.

____________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-119

Monday, March 10, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

No. 14-0385/AF. U.S. v. Jeffrey S. WEBSTER. CCA S32176.

No. 14-0387/AF. U.S. v. Devin P. KELLEY. CCA 38267.

No. 14-0390/AR. U.S. v. Ronald W. PERRY. CCA 20120815.

No. 14-0391/AR. U.S. v. Ashlee N. BERRY. CCA 20120085.

No. 14-0393/AR. U.S. v. Ryfeal D. CHAMBERS. CCA 20121160.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0446/AR. U.S. v. Ikejoe E. TIMBREZA. CCA 20120722.

No. 14-0447/AR. U.S. v. Stephen C. PANTOJA. CCA 20120030.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 14-0049/AR. U.S. v. Robert A. WARREN. CCA 20100914. On consideration of Appellant's petition for reconsideration of the Court's order issued on February 3, 2014, it is ordered that said petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including March 31, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-118

Friday, March 7, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0378/AR. U.S. v. George A. FIEBELKORN. CCA 20130629. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is directed that the promulgating order be corrected to change the pleas to Specifications 1 and 2 of Charge II from "Not Guilty" to "Guilty."

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0378/AR. U.S. v. George A. FIEBELKORN. CCA 20130629. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0445/AF. U.S. v. Tito E. MATOS, Jr. CCA S32107.

 

INTERLOCUTORY ORDERS

 

No. 13-0536/AR. U.S. v. Jacob D. MOON. CCA 20120112. Appellee's motion for leave to file a supplemental joint appendix is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-117

Thursday, March 6, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0144/AF. U.S. v. Jimmy HUGHES. CCA 37958.

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

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

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

No. 14-0380/NA. U.S. v. Lee E. PARRETT. CCA 201300197.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0444/AR. U.S. v. Joseph A. ECKELS. CCA 20130131.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028. On consideration of Appellee's petition for reconsideration of the Court's order issued on January 27, 2014, it is ordered that said petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 14-8011/AR. U.S. v. John Edmond HATLEY. CCA 20131070. On consideration of Appellant's motion to request an extension of time to reply to the Government's response, it is ordered that said motion is hereby granted up to and including March 31, 2014, and no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-116

Wednesday, March 5, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 12-0516/AF. U.S. v. Michael S. TUNSTALL. CCA 37592. Review granted on the following issue:

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA) VIOLATED UNITED STATES v. BUBER, 62 M.J. 476 (C.A.A.F.2006), WHEN IT ONLY LOOKED AT THE CHANGE IN THE MAXIMUM POSSIBLE PUNISHMENT TO DETERMINE WHETHER THERE WAS A DRAMATIC CHANGE TO THE PENALTY LANDSCAPE, AND UNITED STATES v. MOFFEIT, 63 M.J. 40 (C.A.A.F. 2006), WHEN IT DID NOT USE THE PROPER STANDARD OF "BEYOND A REASONABLE DOUBT."

 

No briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0441/AR. U.S. v. Michael T. MCMAHON. CCA 20120505.

No. 14-0442/AR. U.S. v. Latoya J. CHOICE. CCA 20130009.

No. 14-0443/AR. U.S. v. John L. ALANIS. CCA 20130006.

 

INTERLOCUTORY ORDERS

 

No. 14-0406/AR. U.S. v. Patrick A. WRIGHT. CCA 20121075. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including March 19, 2014, and absent extraordinary circumstances, no further extension of time will be filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-115

Tuesday, March 4, 2014

 

HEARINGS

 

No. 14-0029/AR. U.S. v. Ronald J. DAVIS. CCA 20100815.

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



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