UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-175

Friday, May 30, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0544/AR. U.S. v. Leonard L. VENTURA. CCA 20120863.

No. 14-0556/AF. U.S. v. Justin J. LYLE. CCA S32147.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0631/AR. U.S. v. Kenneth W. BROGAN. CCA 20130419.

No. 14-0632/MC. U.S. v. Bruno J. RUSSELL. CCA 201300208.

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

No. 14-0634/AR. U.S. v. Christopher T. FRASER. CCA 20130124.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-174

Thursday, May 29, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0453/AR. U.S. v. James S. PIREN. CCA 20110416. Review granted on the following issues:

 

I. WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION BY OVERRULING THE DEFENSE COUNSEL'S SCOPE OBJECTION DURING THE GOVERNMENT'S CROSS-EXAMINATION OF APPELLANT.

 

II. WHETHER THE MILITARY JUDGE ERRED BY DENYING THE MOTION TO SUPPRESS RESULTS OF THE DNA ANALYSIS.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0394/AR. U.S. v. Richard A. BOURNE. CCA 20120481.

No. 14-0537/AR. U.S. v. Brandon C. MORROW. CCA 20111135.

No. 14-0538/AR. U.S. v. Zaire A. CONYERS. CCA 20130856.

No. 14-0543/AR. U.S. v. Jon M. LLOYD. CCA 20130172.

No. 14-0545/AR. U.S. v. Francisco A. PEREZ. CCA 20130390.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0626/AR. U.S. v. Stephen T. COLLIER. CCA 20120554.

No. 14-0627/AR. U.S. v. Derrick J. STOGNER. CCA 20130449.

No. 14-0628/AR. U.S. v. Paul J. BREWINGTON. CCA 20120372.

No. 14-0629/AR. U.S. v. Vicente C. TORRES. CCA 20111168.

No. 14-0630/AR. U.S. v. Branden G. WHITFIELD. CCA 20110578.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8017/AF. Charles A. WILSON III, Appellant v. United States, and Colonel Christopher Hill, in his official capacity as Commander, 78th Air Base Wing, United States Air Force, Appellees. CCA 2014-01. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-173

Wednesday, May 28, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0621/AR. U.S. v. Michael C. MCFADDEN. CCA 20130276.

No. 14-0622/AR. U.S. v. Mickey B. KEEN. CCA 20130473.

No. 14-0623/AR. U.S. v. Jacob T. MANDELKE. CCA 20121148.

No. 14-0624/AR. U.S. v. Federico J. TENNYSON. CCA 20130010.

No. 14-0625/AR. U.S. v. David W. OLIVER. CCA 20110986.

 

MISCELLANEOUS DOCKET FILINGS

 

No. 14-8019/MC. Lawrence G. HUTCHINS III, Appellant v. Michael B. RICHARDSON, Colonel, United States Marine Corps, In his official capacity as Military Judge, and United States, Appellees. 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 was filed under Rule 27(b) on this date.

 

INTERLOCUTORY ORDERS

 

No. 14-0503/AR. U.S. v. Adam R. DEROSIER. CCA 20120733. Appellant's motion to file the supplement to the petition for grant of review out of time granted.

 

No. 14-0615/MC. U.S. v. Xavier E. RAMIREZ-EMPUNO. CCA 201300190. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 12, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-172

Tuesday, May 27, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0616/AR. U.S. v. Keith R. HAWKINS. CCA 20120070.

No. 14-0617/NA. U.S. v. Curtis A. SMITH. CCA 201300223.

No. 14-0618/AR. U.S. v. Herman T. BAYLESS. CCA 20120153.

No. 14-0619/AR. U.S. v. Aaron J. TWINAM. CCA 20120384.

No. 14-0620/AR. U.S. v. Dewade E. WILSON. CCA 20120908.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-171

Friday, May 23, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0282/MC. U.S. v. Nathan G. SYMANSKY. CCA 201300123.

No. 14-0408/AR. U.S. v. Luis RODRIGUEZ III. CCA 20120063.

No. 14-0486/AR. U.S. v. Ryan A. REED. CCA 20110485.

No. 14-0530/AF. U.S. v. William G. POPE. CCA S32132.

No. 14-0533/AR. U.S. v. Dean B. VALLEJO-PACHECO. CCA 20120450.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0613/CG. U.S. v. David R. THOMS. CCA 1370.

No. 14-0614/AR. U.S. v. Jason A. PRICE. CCA 20121003.

No. 14-0615/MC. U.S. v. Xavier E. RAMIREZ-EMPUNO. CCA 201300190.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8015/AF. Melvert WASHINGTON, Jr., Appellant v. United States, Appellee. CCA 2013-29. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's motion to extend time to file a reply brief granted to June 12, 2014.

 

No. 14-0003/AF. U.S. v. Allen K. HOHENSTEIN. CCA 37965. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 9, 2014.

 

No. 14-0604/NA. U.S. v. Donald J. MCALLISTER. CCA 201300086. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 9, 2014.

 

No. 14-0611/AR. U.S. v. Zachary D. NIX. CCA 20120347. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 10, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-170

Thursday, May 22, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0413/AF. U.S. v. Jason A. PATE. CCA 38250. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, we conclude that the assault consummated by battery offense (Specification 2 of Charge I) involving rib fractures is a lesser included offense of the aggravated assault offense in which grievous bodily harm was intentionally inflicted (Specification 2 of Charge II). See United States v. Jones, 68 M.J. 465, 468 (C.A.A.F. 2010). Compare Manual for Courts-Martial, United States pt. IV, para.  54.b.(2) (2008 ed.) (MCM) with MCM pt. IV, para. 54.b.(4)(b)(i), (iii). We also conclude that the assault consummated by battery offense involving liver damage (Specification 4 of Charge I) is a lesser included offense of the aggravated assault by other means offense (Specification 1 of Charge II). See Jones, 68 M.J. at 468. Compare MCM pt. IV, para. 54.b.(2) with MCM pt. IV, para. 54.b.(4)(a)(i), (iii). We finally conclude that the aggravated assault by other means offense involving head injuries (Specification 4 of Charge II) is a lesser included offense of the maiming offense (Specification 1 of Charge I). See Jones, 68 M.J. at 468; see also United States v. McLean, 70 M.J. 573, 576 (A.F. Ct. Crim. App. 2011). These specifications therefore are impermissibly multiplicious. See United States v. Palagar, 56 M.J. 294, 296 (C.A.A.F. 2002); see also Brown v. Ohio, 432 U.S. 161, 165-69 (1977). Thus, we dismiss the assault consummated by battery offenses and the aggravated assault by other means offense involving head injuries. See United States v. Leak, 61 M.J. 234, 249 (C.A.A.F. 2005). However, where the military judge found these offenses multiplicious for sentencing and because Appellant does not ask us to remand for a sentence reassessment, we will not reverse as to the sentence. Accordingly, it is ordered that the petition is granted on the following issue: [See also ORDERS GRANTING PETITION for review.]

 

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING THE FINDINGS WHEN THREE CONVICTIONS WERE LESSER INCLUDED OFFENSES OF THREE OTHER CONVICTIONS.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to Specifications 2 and 4 of Charge I and Specification 4 of Charge II, but is affirmed in all other respects. The findings of guilty as to Specifications 2 and 4 of Charge I and Specification 4 of Charge II are set aside, and these specifications are dismissed.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0413/AF. U.S. v. Jason A. PATE. CCA 38250. [See also APPEALS-SUMMARY DISPOSITIONS this date.]




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-169

Wednesday, May 21, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0610/AR. U.S. v. Ira N. MIDDLETON. CCA 20130809.

No. 14-0611/AR. U.S. v. Zachary D. NIX. CCA 20120347.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-168

Tuesday, May 20, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0003/AF. U.S. v. Allen K. HOHENSTEIN. CCA 37965.*

No. 14-0607/AR. U.S. v. Jonathan A. SANTIAGO. CCA 20121162.

No. 14-0608/AR. U.S. v. Sebastian P. FLORES. CCA 20130180.

No. 14-0609/AR. U.S. v. Brandon M. ANDERSON. CCA 20110504.

No. 14-0612/AF. U.S. v. Christopher A. Evans. CCA S32154.

________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-167

Monday, May 19, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0517/AR. U.S. v. Kevin J. WILLIAMS. CCA 20130470.

No. 14-0520/AR. U.S. v. Curtis E. LACEFIELD. CCA 20120598.

No. 14-0521/MC. U.S. v. Kenneth R. ROBINSON III. CCA 201300476.

No. 14-0525/AR. U.S. v. Jacob S. RIDDICK. CCA 20120222.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0166/AF. U.S. v. Brittany N. OLSON. CCA S32034.*

No. 14-0600/AR. U.S. v. David J. MALLAR, Jr. CCA 20130523.

No. 14-0601/AR. U.S. v. Bryan A. HENRIQUEZ. CCA 20130272.

No. 14-0602/AR. U.S. v. Maurice BARNES. CCA 20130613.

No. 14-0603/AR. U.S. v. Ryan R. MCINTYRE. CCA 20130374.

No. 14-0604/NA. U.S. v. Donald J. MCALLISTER. CCA 201300086.

No. 14-0605/AR. U.S. v. Ian C. SEMENIUK-HAUSER. CCA 20110976.

No. 14-0606/AF. U.S. v. Alan J. LINDGREN. CCA 38299.

 

INTERLOCUTORY ORDERS

 

No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including June 3, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0594/NA. U.S. v. Niclous P. HOWARD. CCA 201300289. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 5, 2014.

 

No. 14-8018/AF. Sean M. OLIVER, Appellant v. United States, and Brigadier General Patrick X. Mordente, in his official capacity as, Commander, 86th Air Base Wing, United States Air Force, Appellees. CCA 2014-04. Appellant's motion to correct errata is granted.

_____________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-166

Friday, May 16, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, the Court notes that the involuntary manslaughter and negligent homicide offenses were charged in the alternative to the unpremeditated murder offense. As Appellant was convicted of the unpremeditated murder offense, his convictions for involuntary manslaughter and negligent homicide must be dismissed on appeal. In light of the military judge's instruction to the court members that the three offenses were multiplicious for sentencing, however, Appellant was not prejudiced as to the sentence. Accordingly, it is ordered that the petition is granted on the following specified issue: [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

WHETHER APPELLANT'S CONVICTIONS FOR INVOLUNTARY MANSLAUGHTER AND NEGLIGENT HOMICIDE, WHICH WERE CHARGED IN THE ALTERNATIVE TO THE OFFENSE OF UNPREMEDITATED MURDER, SHOULD BE DISMISSED AS APPELLANT WAS CONVICTED OF UNPREMEDITATED MURDER.

 

The decision of the United States Air Force Court of Criminal Appeals is reversed as to Charge II and its Specification and Specification 3 of Charge IV, but is affirmed in all other respects. The findings of guilty as to Charge II and its Specification and Specification 3 of Charge IV are set aside, and those offenses are dismissed.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0236/AF. U.S. v. Horace C. WICKWARE. CCA 38074. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0594/NA. U.S. v. Niclous P. HOWARD. CCA 201300289.

No. 14-0595/AF. U.S. v. Joshua L. PYFFER. CCA 38411.

No. 14-0596/AF. U.S. v. Chasare D. JACKSON. CCA 38244.

No. 14-0597/AR. U.S. v. Luis M. SERRANO, Jr. CCA 20130221.

No. 14-0598/AF. U.S. v. Kyle W. LIGHTNER. CCA 38253.

No. 14-0599/MC. U.S. v. Cassidy L. BLACK. CCA 201300292.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-165

Thursday, May 15, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0589/AR. U.S. v. Alvin PATTERSON. CCA 20121146.

No. 14-0590/AR. U.S. v. Christian L. SCHMIERER. CCA 20121112.

No. 14-0591/AR. U.S. v. Tori L. WALKER. CCA 20120895.

No. 14-0592/AR. U.S. v. Cleveland J. LEWIS. CCA 20110350.

No. 14-0593/AR. U.S. v. Wesley J. STEWART. CCA 20120614.

 

INTERLOCUTORY ORDERS

 

No. 14-0261/AR. U.S. v. Elliot M. CARRASQUILLO. CCA 20110719. Appellant's motion to extend time to file a brief granted, up to and including May 21, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 14-0415/AR. U.S. v. William E. NEWTON, Jr. CCA 20110499. Appellant's motion to file the supplement to the petition for grant of review out of time granted.

___________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-164

Wednesday, May 14, 2014

 

HEARINGS

 

No. 14-0265/CG. U.S. v. Jaason LEAHR. CCA 1365.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0588/AR. U.S. v. Craig E. JOSEPH. CCA 20130089.

 

INTERLOCUTORY ORDERS

 

No. 14-0551/NA. U.S. v. Michael N. BELL. CCA 201200517. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, up to and including June 9, 2014, and no further extension of time will be granted in this case.

 

No. 14-0585/AF. U.S. v. Jasper C. BROOKS III. CCA 38245. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 2, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-163

Tuesday, May 13, 2014

 

HEARINGS

 

No. 14-0001/AR. U.S. v. George D. MACDONALD. CCA 20091118.

No. 14-0280/AR. U.S. v. Michael L. TREAT. CCA 20110402.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0585/AF. U.S. v. Jasper C. BROOKS III. CCA 38245.

No. 14-0586/AF. U.S. v. Richard M. CHERUBINI, Jr. CCA 38292.

No. 14-0587/AR. U.S. v. Bernard H. FERGUSON. CCA 20130630.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-162

Monday, May 12, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0379/AR. U.S. v. Vincent J. UMHOLTZ. CCA 20111013. 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 reflect that the military judge found Additional Charge II and its Specification and Specification 2 of Charge II multiplicious for findings and sentence.

 

No. 14-0532/AF. U.S. v. Brandon T. ROZELL. CCA 38381. 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.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is directed that the promulgating order be corrected to (1) change the pleas to Charges I and II from "Not Guilty" to "Guilty," (2) change the finding to Charge I from "Dismissed after arraignment" to "Guilty," and (3) spell the word "specification" correctly in specification 1 of Charge I.

 

No. 14-0542/NA. U.S. v. Dominique YORK. CCA 201300287. 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.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is directed that the decision of the United States Navy-Marine Corps Court of Criminal Appeals be corrected to reflect that Appellant pled not guilty to Specification 2 of Charge II and this specification was withdrawn prior to announcement of findings vice Specification 1 of Charge II.

 

No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. On consideration of the issue certified by the Judge Advocate General of the Air Force, 73 M.J. __ (C.A.A.F. Daily Journal Mar. 18, 2014), Appellee's motion to supplement the record, and Appellant's motion to supplement the record, we conclude that the military judge did not abuse his discretion in granting the motion to suppress Appellee's oral and written statements for lack of corroboration. Accordingly, it is ordered that the motions to supplement the record are granted; the certified issue is answered in the negative; and the decision of the United States Air Force Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* Chief Judge Baker would have held oral argument before deciding this case.

 

No. 14-6008/AF. U.S. v. Steven E. SETON. CCA 2013-27. On consideration of the issue certified by the Judge Advocate General of the Air Force, 73 M.J. __ (C.A.A.F. Daily Journal Apr. 2, 2014), and Appellee's motion to supplement the record, we conclude that the military judge did not abuse his discretion in finding a Rule for Courts-Martial 703 violation and dismissing the Charge and Specification with prejudice. Accordingly, it is ordered that the motion to supplement the record is granted; the certified issue is answered in the negative; and the decision of the United States Air Force Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* Chief Judge Baker and Judge Ohlson would have held oral argument before deciding this case.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0379/AR. U.S. v. Vincent J. UMHOLTZ. CCA 20111013. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 14-0384/AF. U.S. v. Patrick J. HUEY, Jr. CCA 38139. Review granted on the following issue:

 

WHETHER THE GENERAL VERDICT OF GUILT RESTED ON CONDUCT THAT WAS CONSTITUTIONALLY PROTECTED, IN THAT AT LEAST ONE OF THE IMAGES PRESENTED TO THE FINDER OF FACT WAS NOT CHILD PORNOGRAPHY.

 

Briefs will be filed under Rule 25.

 

No. 14-0532/AF. U.S. v. Brandon T. ROZELL. CCA 38381. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 14-0542/NA. U.S. v. Dominique YORK. CCA 201300287. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 14-6005/AF. U.S. v. Jacob R. MCINTYRE. CCA 2013-24. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

No. 14-6008/AF. U.S. v. Steven E. SETON. CCA 2013-27. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0579/MC. U.S. v. Joseph C. BOYD. CCA 201300302.

No. 14-0580/AF. U.S. v. Derek W. BRYANT. CCA 38405.

No. 14-0581/AR. U.S. v. Sean M. HALL. CCA 20130178.

No. 14-0582/AR. U.S. v. Sean P. MCKENDRICK. CCA 20120351.

No. 14-0583/AR. U.S. v. Christopher E. CABRERA. CCA

No. 14-0584/AR. U.S. v. Gregory A. MARTIN. CCA 20110345.

 

INTERLOCUTORY ORDERS

 

No. 14-0348/AF. U.S. v. Michael C. MCPHERSON. CCA S 32068. 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.

 

No. 14-0529/NA. U.S. v. Keith C. SALCIDO. CCA 201300143. 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 May 27, 2014, and absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-161

Friday, May 9, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 14-0499/AR. U.S. v. Denari O. PETERS. CCA 20130645.

No. 14-0502/MC. U.S. v. Anthony J. ALDONIS. CCA 201300306.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 14-8018/AF. Sean M. OLIVER, Appellant v. United States, and Brigadier General Patrick X. Mordente, in his official capacity as, Commander, 86th Air Wing Base, United States Air Force, Appellees. CCA 2014-04. Notice is hereby given that a writ-appeal petition for review of the United States Air Force Court of Criminal Appeals decision on application for extraordinary relief was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-160

Thursday, May 8, 2014

 

APPEALS - SUMMARY DISPOSITIONS

 

No. 14-0439/AF. U.S. v. Alain R. HICKS. CCA 38191. 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.* [See ORDERS GRANTING PETITION FOR REVIEW this date.]

 

* It is noted that the decision of the United States Air Force Court of Criminal Appeals stated that Appellant was convicted of "five specifications of wrongful use of a controlled substance" and "three specifications of wrongful possession of a controlled substance" when in fact Appellant was convicted of six specifications of wrongful use and two specifications of wrongful possession.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0348/AF & 14-5002/AF. U.S. v. Michael C. MCPHERSON. CCA S32068. Review granted on the following issue:

 

THERE IS A SPLIT IN THE SERVICE COURTS. IN THIS CASE AND AT LEAST 10 UNPUBLISHED CASES, THE AIR FORCE COURT OF CRIMINAL APPEALS (AFCCA) HAS HELD THAT AN APPELLANT MUST EXHAUST ADMINISTRATIVE REMEDIES BEFORE RELIEF CAN BE GRANTED UNDER ARTICLE 12, UCMJ. NO OTHER SERVICE COURT HAS HELD THE SAME. GIVEN THE LEGISLATIVE HISTORY OF ARTICLE 12, UCMJ, DID THE AFCCA ERR WHEN IT REQUIRED APPELLANT TO EXHAUST ADMINISTRATIVE REMEDIES BEFORE RECEIVING RELIEF?

 

No briefs will be filed on this issue.

 

No. 14-0439/AF. U.S. v. Alain R. HICKS. CCA 38191. [See also APPEALS-SUMMARY DISPOSITIONS this date.]

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0285/AF. U.S. v. Richard F. GREENWOOD. CCA 38147.

No. 14-0287/NA. U.S. v. Vincent M. SANANTONIO. CCA 201200396.

No. 14-0423/MC. U.S. v. Roger E. EASTERLY, Jr. CCA 201300067.*

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0578/AR. U.S. v. Andrew W. PEPPER. CCA 20130720.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 14-8016/NA. Lawrence G. HUTCHINS III, Petitioner v. Michael B. RICHARDSON, Colonel, United States Marine Corps, In his official capacity as Military Judge, and United States, Respondents. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus and prohibition, it is ordered that said petition is hereby denied without prejudice.

_____________________________________

 

* Judge Ryan did not participate in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-159

Wednesday, May 7, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0233/AF. U.S. v. Lorin J. GRIGSBY. CCA 38108.

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

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0577/AR. U.S. v. George R. BUSHEY III. CCA 20121052.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-158

Tuesday, May 6, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

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

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

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

No. 14-0465/AR. U.S. v. Ronald L. GREEN. CCA 2011286.

No. 14-0488/AR. U.S. v. James D. GALLUP. CCA 20130098.

No. 14-6007/AF. U.S. v. Dex E. YARBER. CCA 2013-25.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0574/AR. U.S. v. Frederick J. GUENTHER. CCA 20110516.

No. 14-0575/AR. U.S. v. Tammi L. SMITH. CCA 20120656.

No. 14-0576/AR. U.S. v. Cory D. WILLIER. CCA 20121005.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellee's motion to supplement the joint appendix is granted.

 

No. 14-0127/AF. U.S. v. John I. RODRIGUEZ. CCA 38080. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 27, 2014.

 

No. 14-0468/AR. U.S. v. Seth D. LEMASTERS. CCA 20111143. Appellant's motion to correct errata is granted.

 

No. 14-0568/AR. U.S. v. Edwin ZELAYA. CCA 20110507. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 9, 2014.

 

No. 14-6007/AF. U.S. v. Dex E. YARBER. CCA 2013-25. Appellee's motion for a summary and expedited disposition and Appellant's motion to stay trial proceedings are hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-157

Monday, May 5, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0036/AF. U.S. v. Nicholas M. GARRISON. CCA 38093.*

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

No. 14-0563/MC. U.S. v. Tamira C. DICKENS. CCA 201300025.

No. 14-0564/AR. U.S. v. Johnathan L. BORING. CCA 20130674.

No. 14-0565/AR. U.S. v. Harvey DELVALLE II. CCA 20120413.

No. 14-0566/AR. U.S. v. Jimmylee D. GREEN. CCA 20130372.

No. 14-0567/AR. U.S. v. Michael C. EVANS. CCA 20130251.

No. 14-0568/AR. U.S. v. Edwin ZELAYA. CCA 20110507.

No. 14-0569/AR. U.S. v. Xavier V. ALVARADO. CCA 20130017.

No. 14-0570/AR. U.S. v. James B. WINFIELD. CCA 20120569.

No. 14-0571/AR. U.S. v. Richard D. JENKINS. CCA 20111134.

No. 14-0572/AF. U.S. v. Parker J. MILLER. CCA 38327.

No. 14-0573/AR. U.S. v. Ronald W. GEARY, Jr. CCA 20130024.

 

INTERLOCUTORY ORDERS

 

No. 14-0561/NA. U.S. v. John T. TAYLOR. CCA 201300195. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 22, 2014.

 

No. 14-8017/AF. Charles A. WILSON, Appellant v. United States, and Colonel Christopher Hill, in his official capacity as Commander, 78th Air Base Wing, United States Air Force, Appellees. CCA 2014-01. Appellant's motion for an immediate stay of the proceedings is denied.

__________________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-156

Friday, May 2, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0561/NA. U.S. v. John T. TAYLOR. CCA 201300195.

No. 14-0562/AR. U.S. v. Martin L. HALL. CCA 20130405.

 

MISCELLANEOUS DOCKET FILINGS

 

Misc. No. 14-8017/AF. Charles A. WILSON, Appellant v. United States, and Colonel Christopher Hill, in his official capacity as Commander, 78th Air Base Wing, United States Air Force, Appellees. CCA 2014-01.  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 and a motion for a stay of proceedings were filed under Rules 27(b) and 30 on this date.

 

MANDATES ISSUED

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 14-155

Thursday, May 1, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-6006/MC. U.S. v. Giovanni MAZA. CCA 201300297. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, and Appellant's motion for a stay of proceedings, it is ordered that said motion is hereby denied, and said petition is hereby denied.



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