UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 31, 2014

Petitions for Grant of Review Filed

No. 15-0142/NA. U.S. v. Lindell M. Turner. CCA 201400036.

No. 15-0143/MC. U.S. v. Darren J. Evans. CCA 201300248.

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

Petitions for Grant of Review Denied

No. 12-0264/AR. U.S. v. Robert O. Bozeman. CCA 20080711.

No. 14-0657/AF. U.S. v. Todd J. Barlow. CCA 37981.

No. 14-0697/AF. U.S. v. Sean R. Taylor. CCA 38247.

No. 14-0728/AF. U.S. v. Joel P. Smith. CCA S32121.

No. 14-0769/AF. U.S. v. Kwinton K. Estacio. CCA 38256.

No. 14-0778/NA. U.S. v. Jeremy R. Green. CCA 201300276.

No. 14-0806/AR. U.S. v. James H. Tobey. CCA 20121059.

No. 15-0004/AR. U.S. v. Steven R. Thompson. CCA 20111069.

No. 15-0015/AF. U.S. v. Anjelika L. Faul. CCA 38486.

No. 15-0038/AR. U.S. v. Quandrian J. Elder. CCA 20111130.

No. 15-0057/AF. U.S. v. Justin Legaspi. CCA 38344.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 30, 2014

Petitions for Grant of Review Filed

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

Petitions for Grant of Review - Summary Dispositions

No. 15-0039/AR. U.S. v. Adam J. Hall. CCA 20130217. 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.*

* It is directed that the decision of the United States Army Court of Criminal Appeals be corrected to reflect in the opening paragraph that Appellant was convicted of two specifications of wrongful distribution of a controlled substance in violation of Article 112a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. 912a (2006), vice Article 112, UCMJ, 10 U.S.C. 912 (2006).

Interlocutory Orders

No. 14-0022/AF. U.S. v. Kyle R. Dietz. CCA 38117. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 18, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 29, 2014

Petitions for Grant of Review Filed

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

No. 15-0140/AR. U.S. v. Henry L. Williams III. CCA 20130284.

Petitions for Grant of Review Denied

No. 14-0689/MC. U.S. v. Richard A. Jimenez. CCA 201300264.

No. 15-0012/AR. U.S. v. Cameron M. Raymond. CCA 20130425.

Petitions for Grant of Review - Summary Dispositions

No. 15-0019/AF. U.S. v. Luis A. Walker. CCA 38237. On consideration of Appellee's motion to attach and motion to deny the petition of grant of review for lack of jurisdiction, which this Court construes as a motion to dismiss the petition for grant of review for lack of jurisdiction, it is ordered that said motions are hereby granted.

Interlocutory Orders

No. 14-0769/AF. U.S. v. Kwinton K. Estacio. CCA 38256. On consideration of Appellant's motion to supplement the record and motion for leave to file a supplemental issue presented, it is ordered that said motions are hereby denied.

No. 15-0133/NA. U.S. v. Conrad A. Rockenhaus. CCA 201300409. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 17, 2014.

No. 15-0137/MC. U.S. v. Edward J. Wilson. CCA 201300315. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 17, 2014.

No. 15-0130/NA. U.S. v. Del'Zhea Chatman. CCA 201300119. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 17, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 28, 2014

Petitions for Grant of Review Filed

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

Petitions for Grant of Review Denied

No. 14-0654/AF. U.S v. Stephen G. Burgh. CCA 38207.

No. 14-0683/AR. U.S v. Keith J. Higgins. CCA 20110664.

No. 14-0684/AR. U.S v. Isaac A. Thompson. CCA 20111014.

No. 14-0741/AR. U.S v. Amwel F. John. CCA 20120521.

No. 14-0782/AR. U.S v. Mason D. Divine. CCA 20120962.

No. 15-0001/AF. U.S. v. Aaron I. Teer. CCA S32136.

No. 15-0006/AR. U.S. v. John L. Garrett II. CCA 20130308.

No. 15-0023/AR. U.S. v. Matthew J. Thompson. CCA 20120945.

No. 15-0026/AR. U.S. v. Stanley L. Hagerman III. CCA 20140043.

No. 15-0070/AR. U.S. v. Matthew R. Rector. CCA 20130945.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 27, 2014

Petitions for Grant of Review Filed

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

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

No. 15-0130/NA. U.S. v. Del'Zhea Chatman. CCA 201300119.

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

No. 15-0132/AF. U.S. v. Mark R. Mangasarian. CCA 38427.

No. 15-0133/NA. U.S. v. Conrad A. Rockenhaus. CCA 201300409.

No. 15-0134/AR. U.S. v. Henry G. Bravo. CCA 20130109.

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

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

No. 15-0137/MC. U.S. v. Edward J. Wilson. CCA 201300315.

No. 15-0138/AR. U.S. v. Marvin E. Broadus. CCA 20130889.

Petitions for Grant of Review Denied

No. 14-0077/AR. U.S. v. Robert L. Davis, Jr. CCA 20120244.

No. 14-0674/AR. U.S. v. Estaquio V. Magallenes. CCA 20130286.

No. 14-0703/AR. U.S. v. Jose R. Salinas, Jr. CCA 20121053.

No. 14-0715/AF. U.S. v. Ray A. Vazquez. CCA 37563.

No. 14-0761/AR. U.S. v. Shelton A. Hunt. CCA 20111081.

No. 14-0768/AR. U.S. v. Jeffrey R. Kuntz. CCA 20130555.

No. 14-0803/AR. U.S. v. Adrian W. Andrews. CCA 20140187.

No. 15-0027/AR. U.S. v. Rogan E. Lampe. CCA 20120741.

No. 15-0044/AR. U.S. v. Cory D. Kelly. CCA 20120990.

No. 15-0053/AR. U.S. v. Cortnei J. Langhorne. CCA 20140063.

No. 15-0061/AF. U.S. v. Devon T. Smith. CCA S32152.

Miscellaneous Docket - Summary Dispositions

No. 15-0117/AF. Samuel C. McCrary v. Gregory O. Friedland, Col, USAF. CCA 2014-12..On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, which this Court construes as a writ-appeal petition for review of the United States Air Force Court of Criminal Appeals decision, Appellant's motion to stay the proceedings, and motion to attach, it is ordered that said motion to attach is granted, that said writ-appeal petition is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review, and that said motion to stay the proceedings is hereby denied as moot.

Interlocutory Orders

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

No. 12-0616/AR. U.S. v. Timothy E. Bennitt. CCA 20100172. On consideration of the joint motion to file a supplemental joint appendix, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 24, 2014

PETITIONS FOR GRANT OF REVIEW FILED

No. 15-0121/AR. U.S. v. Steven J. Spener. CCA 20120165.

No. 15-0122/AR. U.S. v. Paul B. Henson. CCA 20130147.

No. 15-0123/AR. U.S. v. Timothy J. Pherigo. CCA 20140032.

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

No. 15-0125/AR. U.S. v. Michael J. Nord. CCA 20120862.

No. 15-0126/AR. U.S. v. Raymond J. Blackmar. CCA 20121143.

No. 15-0127/AR. U.S. v. Brian D. Vitko. CCA 20130257.

No. 15-0128/MC. U.S. v. Steven C. Pottmeyer. CCA 201300293.

No. 15-0129/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727.

 

INTERLOCUTORY ORDERS

 

No. 14-0681/MC. U.S. v. Dauthard S. Mason. CCA 201300154. On consideration of Appellant's motion to attach, which this Court construed as a motion to supplement the record, it is ordered that said motion is denied.

SPECIAL DOCKET MATTERS

No. A-32446. Benjamin Zev Katz Esq.

No. 14-07. In the Matter of Benjamin Zev Katz.

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 New York, Appellate Division, Second Judicial Department, 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 August 26, 2014, 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 New York, Appellate Division, Second Judicial Department, it is ordered that Benjamin Zev Katz is hereby suspended indefinitely from the practice of law before this Court, effective this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-037

Thursday, October 23, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0656/AR. U.S. v. Dana P. BLOUIN. CCA 20121135. On consideration of the petition for grant of review of the decision for the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT'S PLEAS OF GUILTY TO THE SPECIFICATION OF THE CHARGE WHERE PROSECUTION EXHIBIT 4 DEMONSTRATED THAT THE IMAGES POSSESSED WERE NOT CHILD PORNOGRAPHY.

 

Briefs will be filed under Rule 25.

 

No. 14-0660/AR. U.S. v. Michael C. BUDKA. CCA 20120435. 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 issues:

 

WHETHER THE ARMY COURT ABUSED ITS DISCRETION BY VIOLATING THE PRINCIPLE OF PARTY PRESENTATION WHEN IT SUMMARILY AFFIRMED THE FINDINGS AND SENTENCE AFTER THE GOVERNMENT CONCEDED THAT THE FACTUAL PREDICATE FOR THE OFFENSE OF AGGRAVATED ASSAULT WAS NOT MET.

 

WHETHER THE MILITARY JUDGE ABUSED HER DISCRETION BY ACCEPTING APPELLANT'S PLEA OF GUILTY TO THE SPECIFICATION OF CHARGE II-AGGRAVATED ASSAULT-WHERE THERE IS A SUBSTANTIAL BASIS TO QUESTION THAT THE FORCE USED WAS A MEANS LIKELY TO PRODUCE DEATH OR GRIEVOUS BODILY HARM.

 

Briefs will be filed under Rule 25.

 

No. 14-0792/AR. U.S. v. Collin J. CARTER. CCA 2012 1046. 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 MILITARY JUDGE ABUSED HER DISCRETION BY PREVENTING DEFENSE COUNSEL FROM PRESENTING FACTS OF APPELLANT'S UNLAWFUL PRETRIAL PUNISHMENT AS MITIGATION EVIDENCE AT SENTENCING.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0760/AR. U.S. v. Logan M. STYFF. CCA 20110889.

No. 14-0765/AR. U.S. v. Marvin L. MAYBERRY. CCA 20110486.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0119/AR. U.S. v. Michael J. ROE. CCA 20131036.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-036

Wednesday, October 22, 2014

 

INTERLOCUTORY ORDERS

 

No. 15-0114/AF. U.S. v. John R. SUTTON II. CCA S32143. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 10, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-035

Tuesday, October 21, 2014

 

HEARINGS

 

No. 14-0289/AR. U.S. v. Jordan M. PETERS. CCA 20110057.

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

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0030/AF. U.S. v. James M. BOORE. CCA 38058.

No. 15-0118/AR. U.S. v. Joshua W. DAYMENT. CCA 20130042.

 

DOCKETING NOTICE

 

No. 15-0117/AF. Samuel C. McCrary, Petitioner v. Gregory O. Friedland, Colonel, United States Air Force, Respondent. CCA 2014-12. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus, under Rule 27(a), together with a motion to stay proceedings and a motion to attach were filed on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-034

Monday, October 20, 2014

 

HEARINGS

 

No. 14-0199/AR. U.S. v. Bryce M. PHILLIPS. CCA 20120585.

No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 14-0129/AF. U.S. v. Dustin R. HELPAP. CCA S32017.

No. 15-0109/MC. U.S. v. Gregory T. MILES. CCA 201300272.

No. 15-0110/AR. U.S. v. Kody D. SCHENK. CCA 20120122.

No. 15-0111/AF. U.S. v. Cody T. NYSTROM. CCA 38351.

No. 15-0113/AR. U.S. v. Forrest A. STROSS. CCA 20130404.

No. 15-0114/AF. U.S. v. John R. SUTTON II. CCA S32143.

No. 15-0115/AF. U.S. v. Andre L. SAMPLE. CCA 20140114.

No. 15-0116/AR. U.S. v. Derrick L. HARDY. CCA 20120816.

 

INTERLOCUTORY ORDERS

 

No. 15-0112/AR. U.S. v. Tahir L. MUWWAKKIL. CCA 20140536. Notice is hereby given that a certificate for 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 U.S.C. 862, and a supporting brief were filed under Rule 22, together with a motion to stay the proceedings on this 20th day of October, 2014, on the following issues:

I. WHETHER THE U.S. ARMY COURT OF CRIMINAL APPEALS ERRED IN ITS APPLICATION OF BOTH THE FEDERAL JENCKS ACT (18 U.S.C. 3500) AND RULE FOR COURTS-MARTIAL 914.

II. WHETHER THE U.S. ARMY COURT OF CRIMINAL APPEALS ERRED IN ITS DEFERENCE TO THE MILITARY JUDGE'S FINDINGS AND CONCLUSIONS, AS SHE FAILED TO CONSIDER THE TOTALITY OF THE CASE, AND INSTEAD MADE A PRESUMPTION OF HARM BEFORE ORDERING AN EXTRAORDINARY REMEDY. SEE, e.g., KILLIAN v. UNITED STATES, 368 U.S. 231 (1961).

On consideration thereof, it is ordered that the motion to stay proceedings is hereby granted. Appellee will file an answer to the certified issues under Rule 22(b)(1) on or before October 30, 2014.

No. 15-0109/MC. U.S. v. Gregory T. MILES. CCA 201300272. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 10, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-033

Friday, October 17, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 15-0107/AR. U.S. v. Jessica V. KIMBALL. CCA 20121002.

No. 15-0108/AR. U.S. v. Dustin B. HALCOM. CCA 20120442.

 

INTERLOCUTORY ORDERS

 

No. 15-0105/mc. U.S. v. Zoya JOURAVSKA. CCA 201300251. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 5, 2014.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 14-0409/AF. U.S. v. Stephan H. CLAXTON. CCA 38188. Appellee's petition for reconsideration of this Court's order issued September 15, 2014 is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-032

Thursday, October 16, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0105/MC. U.S. v. Zoya JOURAVSKA. CCA 201300251.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-031

Wednesday, October 15, 2014

 

HEARINGS

 

No. 14-0322/MC. U.S. v. Michael B. GILBREATH. CCA 201204227.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0686/AR. U.S. v. Matthew B. BEHYMER. CCA 20130535.

No. 14-0771/AR. U.S. v. Michael D. TYREE. CCA 20130034.

No. 14-0772/AR. U.S. v. Robert J. MURRILO. CCA 20130245.

No. 14-0790/AR. U.S. v. Adam P. DYER. CCA 20140122.

No. 14-0794/MC. U.S. v. Tyler R. CIESLEWICZ. CCA 201300421.

No. 14-0799/AR. U.S. v. Paul W. BOLT. CCA 20130505.

No. 15-0030/AR. U.S. v. Jeremia S. WELCH. CCA 20130681.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0098/NA. U.S. v. Brian HART. CCA 201300295.

No. 15-0099/NA. U.S. v. Jeremiah D. NEIDERT. CCA 201400050.

No. 15-0100/AR. U.S. v. Christopher L. ROHRER. CCA 20120526.

No. 15-0101/AR. U.S. v. Dakota S. ERHARDT. CCA 20120759.

No. 15-0102/AR. U.S. v. Phillips L.T. ONG. CCA 20130624.

No. 15-0103/AR. U.S. v. Jose A. PABON, Jr. CCA 20120874.

No. 15-0104/AR. U.S. v. Jonathan A. GENTRY. CCA 20131056.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 14-0639/AF. U.S. v. Corey K. HUDGINS. CCA 38305. On consideration of Appellant's petition for reconsideration of this Court's order issued August 20, 2014, it is ordered that said petition for reconsideration is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 14-0050/AF. U.S. v. Thomas N. PATTERSON. CCA 38031. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 3, 2014.

 

No. 15-0089/AF. U.S. v. Keith L. LOVELY. CCA 38215. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 30, 2014.

 

No. 15-0094/AF. U.S. v. Nicholas R. CRON. CCA 38138. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 3, 2014.

 

No. 15-0095/AF. U.S. v. William J. MATTHIS. CCA 38312. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to November 3, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-030

Tuesday, October 14, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

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

No. 14-0694/AR. U.S. v. Timothy R. GANN. CCA 20130728.

No. 14-0763/AR. U.S. v. Prescott A. AIKEN. CCA 20120705.

No. 14-0775/AF. U.S. v. Michael J. ROCHE. CCA 38266.

No. 14-0788/AR. U.S. v. John W. BRINSON, Jr. CCA 20120887.

No. 15-0020/AR. U.S. v. Alfredo MARTINEZ-CASTRO. CCA 20120982.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 15-0090/NA. U.S. v. Andrew R. HASLEY. CCA 201400026.

No. 15-0091/AR. U.S. v. Matthew M. DENTICE. CCA 20130591.

No. 15-0092/AR. U.S. v. Deshawn J. BRIGHT. CCA 20120960.

No. 15-0093/AR. U.S. v. Deandre P. ANDERSON. CCA 20121145.

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

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

No. 15-0096/AF. U.S. v. Bradley J. REED. CCA S32207.

No. 15-0097/AR. U.S. v. Errol B. CALDWELL. CCA 20130596.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 15-8003/AR. Timothy B. HENNIS, Petitioner v. Erica Nelson, Colonel, United States Army Commandant, U.S. Disciplinary Barracks, United States Army, and United States, Respondents. 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.

 

INTERLOCUTORY ORDERS

 

No. 14-0322/MC. U.S. v. Michael B. GILBREATH. CCA 201200427. Appellee's motion to correct errata is granted.

 

No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838. On consideration of Appellant/Cross-Appellee's motion for leave to file an additional volume to the joint appendix, it is ordered that said motion is granted.

_______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-029

Friday, October 10, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0089/AF. U.S. v. Keith L. LOVELY. CCA 38215.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-028

Thursday, October 9, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0086/AR. U.S. v. Kareem A. RANSOM. CCA 20130658.

No. 15-0087/MC. U.S. v. Carlton WILDER, Jr. CCA 201400118.

No. 15-0088/AR. U.S. v. Jerry A. ELLIOTT. CCA 20140169.

 

INTERLOCUTORY ORDERS

 

No. 13-7001/AR. U.S. v. Hasan K. AKBAR. CCA 20050514. Appellant's motion to submit waiver out of time granted.

 

No. 15-0087/MC. U.S. v. Carlton WILDER, Jr. CCA 201400118. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 29, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-027

Wednesday, October 8, 2014

 

HEARINGS

 

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

No. 14-5006/AF. U.S. v. Justin M. PIOLUNEK. CCA 38099.

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0661/AR. U.S. v. Zachery W. HESTER, Jr. CCA 20120644.

No. 15-0007/AR. U.S. v. Billy J. WHISMAN, Jr. CCA 20121096.

No. 15-0013/AR. U.S. v. Zachary L. NORTHUP. CCA 20120610.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0085/AR. U.S. v. Larry W. PLOWS. CCA 20120449.

 

MISCELLANEOUS DOCKET - FILINGS

 

Misc. No. 15-8002/NA. U.S. v. Joshua D. WILLIAMS. CCA 200301656. Notice is hereby given that a writ-appeal petition for review of the United States Navy-Marine Corps Court of Criminal Appeals decision was filed by mail under Rule 27(b) on September 12, 2014, and placed on the docket this date. On consideration thereof, it is ordered that said writ-appeal petition is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 15-0035/AR. U.S. v. Cory R. LAND. CCA 20120577. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including October 21, 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. 15-026

Tuesday, October 7, 2014

 

HEARINGS

 

No. 12-0501/AF. U.S. v. Jessica E. MCFADDEN. CCA 37438.

No. 14-5008/AF. U.S. v. Joshua KATSO. CCA 38005.

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0724/NA. U.S. v. Nancy L. CASTILLO. CCA 201300280. Review granted on the following issue:

 

WHETHER THE LOWER COURT IMPROPERLY DETERMINED THAT DUTY TO SELF-REPORT ONE'S OWN CRIMINAL ARRESTS FOUND IN OFFICE OF THE CHIEF OF NAVAL OPERATIONS INSTRUCTION 3120.32C WAS VALID DESPITE THE INSTRUCTION'S OBVIOUS CONFLICT WITH SUPERIOR AUTHORITY AND THE FIFTH AMENDMENT.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0082/AR. U.S. v. James C. KEYS. CCA 20140140.

No. 15-0083/AR. U.S. v. Joshua D. DEAN. CCA 20140012.

No. 15-0084/AR. U.S. v. Rigoberto CARRILLO, Jr. CCA 20130208.

 

INTERLOCUTORY ORDERS

 

No. 13-0498/AF. U.S. v. Christopher J. MARTIN. CCA S32035. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 27, 2014.

 

No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 27, 2014.

 

No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 27, 2014.

 

No. 14-0107/AF. U.S. v. Andrew F. PIETTE. CCA 38101. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 27, 2014.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-025

Monday, October 6, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0687/AR. U.S. v. Parrish M. ROLF. CCA 20121153.

No. 14-0735/AR. U.S. v. Jose A. GALVAN. CCA 20130780.

No. 14-0740/AR. U.S. v. Malik A.Q. HAYWOOD. CCA 20120314.

No. 14-0757/AR. U.S. v. Christian J. FOGLE. CCA 20131089.

No. 14-6011/AR. U.S. v. Brandon S. WILSON. CCA 20140386.

No. 15-0005/AR. U.S. v. Jasmin K. JENKINS. CCA 20130362.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 13-0498/AF. U.S. v. Christopher J. MARTIN. CCA S32035.*

No. 14-0095/AF. U.S. v. Benjamin R. LOVERIDGE. CCA 37872.**

No. 14-0100/AF. U.S. v. Jason THOMPSON. CCA S31996.**

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

No. 15-0080/AR. U.S. v. Stacy A. WHITTLE. CCA 20140118.

No. 15-0081/AR. U.S. v. Ryan C. DOWNS. CCA 20120570.

 

PETITIONS FOR RECONSIDERATION DENIED

 

No. 14-0614/AR. U.S. v. Jason A. PRICE. CCA 20121003. On consideration of Appellant's petition for reconsideration of this Court's order issued September 11, 2014, it is ordered that said petition for reconsideration is hereby denied.

 

INTERLOCUTORY ORDERS

 

No. 14-0686/AR. U.S. v. Matthew B. BEHYMER. CCA 20130535. Appellant's motion to file the supplement to the petition for grant of review out of time is granted.

 

No. 15-0074/CG. U.S. v. John C. RIESBECK. CCA 1374. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 23, 2014.

 

No. 15-0076/NA. U.S. v. Matthew D. ELLERBEE. CCA 201300109. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 23, 2014.

 

No. 15-0079/AF. U.S. v. Brittney L. HALL. CCA 38241. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 23, 2014.

_________________________________

 

* Third petition filed in this case.

** Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-024

Friday, October 3, 2014

 

PETITIONS FOR GRANT OF REVIEW DENIED

 

No. 14-0550/AR. U.S. v. Juan A. BOTELLO. CCA 20110743.

No. 14-0756/AR. U.S. v. Christopher W. BROWNE. CCA 20130252.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

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

No. 14-0137/AR. U.S. v. Daniella M. HOWARD. CCA 20120844.*

No. 15-0074/CG. U.S. v. John C. RIESBECK. CCA 1374.

No. 15-0075/AR. U.S. v. Ryan P. TUSSEY. CCA 20130752.

No. 15-0076/NA. U.S. v. Matthew D. ELLERBEE. CCA 201300109.

No. 15-0077/MC. U.S. v. Matthew T. ENGLER. CCA 201300365.

No. 15-0078/AF. U.S. v. Charles B. EICHELBERGER. CCA 38318.

No. 15-0079/AF. U.S. v. Brittney L. HALL. CCA 38241.

______________________________

 

* Second petition filed in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-023

Thursday, October 2, 2014

 

ORDERS GRANTING PETITION FOR REVIEW

 

No. 14-0658/AR. U.S. v. Corey J. BENNETT. CCA 20111107. Review granted on the following issue:

 

WHETHER THE MILITARY JUDGE ERRED BY ALLOWING AN EXPERT TO REPEAT TESTIMONIAL HEARSAY, DENYING APPELLANT'S RIGHT TO CONFRONTATION, AND IF HE SO ERRED, WHETHER APPELLANT'S CONFESSION TO MARIJUANA USE WAS ADEQUATELY CORROBORATED.

 

Briefs will be filed under Rule 25.

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 15-0073/AR. U.S. v. James N. MCNALLY, Jr. CCA 20130387.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

No. 15-022

Wednesday, October 1, 2014

 

PETITIONS FOR GRANT OF REVIEW FILED

 

No. 12-0264/AR. U.S. v. Robert O. BOZEMAN. CCA 20080711.*

No. 15-0072/AR. U.S. v. Geraldy LAVENTURE. CCA 20130069.

 

MISCELLANEOUS DOCKET - SUMMARY DISPOSITIONS

 

Misc. No. 15-8001/AR. Randy HERNANDEZ, Appellant v. Colonel Gregory Gross, Military Judge, United States Army, and United States, Appellees. CCA 20140293.

On consideration of the writ-appeal petition and motion for stay, it is ordered that said petition is denied without prejudice to Appellant's right to raise the issues asserted during the normal course of appellate review, and that said motion is denied as moot.

 

INTERLOCUTORY ORDERS

 

No. 14-0054/AF. U.S. v. Sharmaine L. LATHAM. CCA 38107. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 16, 2014.

 

No. 14-0751/AR. U.S. v. Johnathan M. JOHNSON. CCA 20120643. Appellant's motion to withdraw the petition for grant of review denied without prejudice to the subsequent filing of a motion to withdraw that complies with Rule 21(f), Rules of Practice and Procedure.

 

No. 15-0064/AF. U.S. v. Andrew J. HENNE. CCA 38334. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 20, 2014.

 

No. 15-0067/AF. U.S. v. Timothy R. SPIELMAN. CCA 38285. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 20, 2014.

____________________________________

 

* Second petition filed in this case.



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