UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 30, 2015

 

Miscellaneous Docketing-Filings

 

No. 16-0256/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Cory D. Phillips, Real Party In Interest. Notice is hereby given that a petition for extraordinary relief in the nature of writ of mandamus and brief were filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 29, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0250/AR. U.S. v. William A. Biggs, Jr. CCA 20150348.

No. 16-0252/AR. U.S. v. Erik S. Mauff. CCA 20150363.

No. 16-0253/AR. U.S. v. David L. Staples. CCA 20130704.

No. 16-0254/AF. U.S. v. Ramiro F. Hernandez, Jr. CCA 38596.

No. 16-0255/NA. U.S. v. Gamaliel Torres. CCA 201500117.

 

Petitions for Grant of Review Denied

 

No. 16-0111/AR. U.S. v. Mitchell B. Brandt. CCA 20130204.

No. 16-0152/AR. U.S. v. Gino J. Thompson. CCA 20150003.

No. 16-0153/AR. U.S. v. Denver E. Tolve. CCA 20140847.

No. 16-0156/AR. U.S. v. Javier J. Gumbs. CCA 20130803.

No. 16-0158/AR. U.S. v. Gilberto A. Rodriguez. CCA 20140380.

No. 16-0159/AF. U.S. v. Cody A. Mayes. CCA S32276.

No. 16-0160/AF. U.S. v. Aleksey N. Starovoytov. CCA 38609.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 28, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0248/AR. U.S. v. Todd M. Carrier. CCA 20140393.

No. 16-0249/AR. U.S. v. Jason S. Westfall. CCA 20150506.

 

Miscellaneous Docket Filings

 

No. 16-0251/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Jerry C. Harrison, Real Party In Interest. Notice is hereby given that a petition for extraordinary relief in the nature of writ of mandamus and brief were filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of Appellant's motion to file and place the joint appendix under seal, the response of the government opposing said motion, and Appellant's reply to the government's response, it is ordered that said motion is hereby denied. Appellant will file a new joint appendix in accordance with Rule 24(f), Rules of Practice and Procedure, no later than January 5, 2016, that does not contain personally identifiable information and with the record of trial transcript portions in chronological order.

 

No. 15-0749/AF. U.S. v. Daniel H. Chin. CCA 38452. On consideration of the motions filed by the United States Marine Corps Defense Services Organization for an enlargement of time to file an Amicus Curiae brief in support of Appellee, and for leave to file an Amicus Curiae brief in support of Appellee, it is ordered that said motions are hereby granted.

 

Mandates Issued

 

No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 23, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0245/AR. U.S. v. Anthony M. Hendra. CCA 20140097.

No. 16-0246/AR. U.S. v. Mark A. Ramonett. CCA 20130871.

No. 16-0247/AR. U.S. v. Kevin M. Stevens, Jr. CCA 20140673.

 

Interlocutory Orders

 

No. 16-0068/NA. U.S. v. Dustin M. Clark. CCA 201400232. Appellee's second motion to extend time to file an answer brief granted, up to and including January 12, 2016. Absent extraordinary circumstances, no further extension of time to file the brief will be granted.

 

No. 16-0167/AR. U.S. v. Joshua R. Sickels. CCA 20110110. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 6, 2016.

 

No. 16-0173/MC. U.S. v. Joseph R. Franklin. CCA 201500130. On consideration of the motion filed by CDR Ricardo A. Berry 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. 16-0237/AR. U.S. v. Alberto A. Silva-Sadder. CCA 20121164. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2016.

 

No. 16-0243/AF. U.S. v. Brett R. Morgan. CCA 38591. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 22, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0237/AR. U.S. v. Alberto A. Silva-Sadder. CCA 20121164.

No. 16-0238/AR. U.S. v. Christopher L. Goffe. CCA 20120201.

No. 16-0239/AR. U.S. v. Jordan L. Beard. CCA 20140586.

No. 16-0240/AR. U.S. v. Charles W. Haskett. CCA 20130581.

No. 16-0241/AR. U.S. v. Thomas L. Childress. CCA 20130685.

No. 16-0242/AF. U.S. v. Dylan T. Bjugstad. CCA 38630.

No. 16-0243/AF. U.S. v. Brett R. Morgan. CCA 38591.

No. 16-0244/NA. U.S. v. Justin M. Mohead. CCA 201400403.

 

Interlocutory Orders

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2016.

 

No. 16-0230/AR. U.S. v. Jonathan D. Hook. CCA 20121115. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 11, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 21, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616.

No. 16-0230/AR. U.S. v. Jonathan D. Hook. CCA 20121115.

No. 16-0231/AR. U.S. v. Zachary Toro III. CCA 20130441.

No. 16-0232/MC. U.S. v. Donovan S. Cooper. CCA 201500235.

No. 16-0233/AR. U.S. v. Michael J. Moody. CCA 20121083.

No. 16-0234/AR. U.S. v. David L. Ousnamer. CCA 20150303.

No. 16-0235/AF. U.S. v. Wayde A. Weisleder, Jr. CCA S32243.

 

Petitions for Grant of Review Denied

 

No. 16-0079/NA. U.S. v. Fabian J. Thompson. CCA 201400072.

No. 16-0142/AR. U.S. v. Eduardo P. Diaz. CCA 20140254.

No. 16-0143/AR. U.S. v. Brando Lugo. CCA 20150150.

No. 16-0144/AR. U.S. v. Mathew T. Whitney. CCA 20150119.

No. 16-0145/AR. U.S. v. Willie L. Copeland III. CCA 20150477.

No. 16-0146/AR. U.S. v. Justin E. McDonald. CCA 20150452.

No. 16-0147/MC. U.S. v. Armando Ramirez. CCA 201500123.

No. 16-0149/AR. U.S. v. Allen B. Carney. CCA 20140654.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 18, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0225/AR. U.S. v. James G. MacDonald. CCA 20140678.

No. 16-0226/AF. U.S. v. Mark M. Evans. CCA 38651.

No. 16-0227/AR. U.S. v. Jimmy C. Bourque. CCA 20130494.

No. 16-0228/AR. U.S. v. Michael P. Lewiscooper. CCA 20130909.

 

Miscellaneous Docket - Filings

 

No. 16-0236/AF. Franklin G.U. Cruz, Appellant v. Christopher F. Burne, Lieutenant General, the Judge Advocate General of the United Air Force, Andrew J. Toth, Brigadier General, Commander, 36th Wing, Andersen Air Force Base, Guam, Matthew T. Jarreau, Colonel, Staff Judge Advocate, 36th Wing, Andersen Air Force Base, Guam, and United States, Appellees. CCA 2015-05.  Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 27(b) on this date.

 

Notices of Designation

 

No. 15-0749/AF. U.S. v. Daniel H. Chin. CCA 38452.

No. 16-0014/NA. U.S. v. Jacob L. Pease. CCA 201400165.

No. 16-0026/AR. U.S. v. Antiwan M. Henning. CCA 20150410.

 

At the request of Chief Judge Charles E. "Chip" Erdmann, Chief Justice John G. Roberts, Jr., has designated Senior Judge David Brian Sentelle of the United States Court of Appeals for the District of Columbia Circuit to perform the duties of a Judge of the United States Court of Appeals for the Armed Forces for the above captioned cases pursuant to Article 142(f), Uniform Code of Military Justice, 10 U.S.C. 942(f)(2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 17, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0224/NA. U.S. v. James P. Branen. CCA 201400412.

 

Petitions for Grant of Review Denied

 

No. 16-0066/NA. U.S. v. Lamont E. Hoyes. CCA 201300303.

No. 16-0098/AR. U.S. v. Carl W. Thomas II. CCA 20130698.

No. 16-0100/AR. U.S. v. Christopher W. Crawford. CCA 20140508.

No. 16-0131/AR. U.S. v. Michael D. Smiley. CCA 20140575.

No. 16-0136/AR. U.S. v. Benjamin A. McCoy. CCA 20140629.

No. 16-0138/AR. U.S. v. Nicholas J. Marshall. CCA 20130895.

 

Interlocutory Orders

 

No. 15-0754/MC. U.S. v. Beau T. Martin. CCA 201400315. On consideration of Appellant/Cross-Appellee's motion to extend time to file a consolidated reply and answer brief, it is ordered that said motion is hereby granted to January 21, 2016.

 

No. 16-0222/AR. U.S. v. Robert S. Chiaravallotti. CCA 20130166. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 4, 2016.

 

Rules Changes

 

Upon careful consideration of proposed changes to the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, which were presented to and reviewed by the Rules Advisory Committee of the United States Court of Appeals for the Armed Forces and thereafter published in the Federal Register for comment, it is ordered that effective February 1, 2016, Rules 5, 21(b)(5)(F), and 37 are hereby amended, as provided in the attachment to this Order (deletions appear with strikethrough and changes appear in bold typeface).

 

For the Court,

 

 

/s/ William A. DeCicco

Clerk of the Court

 

RULE 5. SCOPE OF REVIEW

 

The Court acts only with respect to the findings and sentence as approved by reviewing authorities, and as affirmed or set aside as incorrect in law by a Court of Criminal Appeals, except insofar as it may take action on a certificate for review or a petition for review of a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC 862, or to grant extraordinary relief in aid of its jurisdiction including the exercise of its supervisory powers over the administration of the UCMJ. The Court may specify or act on any issued concerning a matter of law which materially affects the rights of the parties.

RULE 21. SUPPLEMENT TO PETITION FOR GRANT OF REVIEW

(a)   Unchanged.

(b)   (1) - (4) Unchanged.

(5)(A) (E) Unchanged.

(F) so far departed from accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a court-martial or other person acting under the authority of the UCMJ, as to call for an exercise of this Court's power of supervision warrant review by the Court; or

(Remainder of Rule Unchanged.)

 

RULE 37. PRINTING, COPYING AND STYLE REQUIREMENTS

(a) Printing. Except for records of trial and as otherwise provided by Rules 24(f) and 27(a)(4) or any order of the Court regarding the electronic filing of pleadings, all pleadings or other papers relative to a case shall be typewritten and double-spaced, printed on one side only on white unglazed paper, 8.5 by 11 inches in size, securely fastened in the top left corner. All printed matter must appear in monospaced typeface, e.g., Courier or Courier New, using 12-point type with no more than ten and characters per inch, including footnotes, must appear in proportional type, e.g., Times New Roman. The use of 14-point type is required. Margins must be at least 1 inch on all four sides. Page numbers may be placed in the margin but no text may appear in the margin.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 16, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0222/AR. U.S. v. Robert S. Chiaravallotti. CCA 20130166.

 

Certificates for Review Filed

 

No. 16-0223/MC. U.S. v. Monifa J. Sterling. CCA 201400150. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this 16th day of December, 2015, on the following issues:

 

I. DID APPELLANT'S FAILURE TO FOLLOW AN INSTRUCTION ON THE ACCOMMODATION OF RELIGIOUS PRACTICES IMPACT HER CLAIM FOR RELIEF UNDER THE RELIGIOUS FREEDOM RESTORATION ACT?

 

II. DID APPELLANT WAIVE OR FORFEIT HER RELIGIOUS FREEDOM RESTORATION ACT CLAIM OF ERROR BY FAILING TO RAISE IT AT TRIAL?

 

Briefing will follow the scheduled specified in the order of the Court in United States v. Sterling, __ M.J. __ (C.A.A.F. 2015) (Daily Journal December 10, 2015).

 

Interlocutory Orders

 

No. 16-0006/CG. U.S. v. Matthew A. Rogers. CCA 1391. Appellant's motion to extend time to file a brief granted to January 15, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 15, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0217/AR. U.S. v. Willie Padilla. CCA 20130874.

No. 16-0218/AF. U.S. v. Alexander M. Kirby. CCA S32295.

No. 16-0219/AR. U.S. v. Josiah P. Rudy. CCA 20140078.

No. 16-0220/NA. U.S. v. Alexander P. Sanchez. CCA 201400302.

No. 16-0221/AR. U.S. v. Jonathon A. Jonguitud. CCA 20150249.

 

Interlocutory Orders

 

No. 16-0151/AR. U.S. v. James B. Evans. CCA 20140021. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 4, 2016.

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201500244. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 4, 2016.

 

No. 16-0216/AF. U.S. v. Tavarse A. Green. CCA 38586. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 4, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 14, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0210/AR. U.S. v. Shaquel R. Washington. CCA 20150115.

No. 16-0211/AR. U.S. v. Kendrell J. Marshall. CCA 20131026.

No. 16-0212/AR. U.S. v. Jordan P. Williams. CCA 20140035.

No. 16-0213/NA. U.S. v. Rashad D. Long. CCA 201500224.

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201500244.

No. 16-0215/AR. U.S. v. Brian A. Messina. CCA 20140407.

No. 16-0216/AF. U.S. v. Tavarse A. Green. CCA 38586.

 

Petitions for Grant of Review Denied

 

No. 16-0083/AF. U.S. v. Anthony L.W. Peacock. CCA 38043.

No. 16-0115/AR. U.S. v. Shaun C. Lough. CCA 20140403.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 11, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0207/AR. U.S. v. Sacorah Tillman. CCA 20150097.

No. 16-0208/AR. U.S. v. Robert P. Johnson. CCA 20140583.

No. 16-0209/AF. U.S. v. Adrian J. Palma. CCA 38638.

 

Petitions for Grant of Review Denied

 

No. 16-0132/AF. U.S. v. Kenneth Robinson. CCA 38558.

No. 16-0134/AR. U.S. v. Travis W. Lowry. CCA 20120966.

No. 16-0135/AR. U.S. v. Andrew W. Cuccaro. CCA 20130338.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0116/AR. Hearst Newspaper, LLC; The Associated Press; Bloomberg L.P.; Buzzfeed, Inc.; Dow Jones & Company, Inc.; First Look Media, Inc.; Gannett Co., Inc.; McClatchy Co., The New York Times Company; Reuters America LLC; WP Company, LLC D/B/A The Washington Post, Appellants v. Robert B. Abrams, General, U.S. Army, in his official capacity as Commander of United States Army Forces Command, Fort Bragg, NC, and General Court-Martial Convening Authority; Peter Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his official capacity as Commander, Special Troops Battalion, U.S. Army Forces Command, Fort Bragg, NC, and Special Court-Martial Convening Authority; Mark A. Visger, Lieutenant Colonel, JA, U.S. Army, in his official capacity as Preliminary Hearing Officer for Article 32 Proceedings against Robert B. Bergdahl, Sergeant, U.S. Army; and United States, Appellees. CCA 20150652. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby dismissed for the reasons stated in the decision of the United States Army Court of Criminal Appeals.

 

No. 16-0119/AR. Robert B. Bergdahl, Appellant v. General Robert B. Abrams, and Lieutenant Colonels Peter Q. Burke and Mark A. Visger, U.S. Army, in their official capacity, and United States, Appellees. CCA 20150652. On consideration of the writ-appeal petition, Appellant-Intervenor's motion for a expedited hearing and motion to suspend rules, and Appellees' motion to file out of time a response to the writ-appeal petition, it is ordered that said writ-appeal petition is hereby denied, and that said motions are hereby denied as moot.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 10, 2015

 

Petitions for Grant of Review Denied

 

No. 16-0085/AR. U.S. Lawrence J. Kinsley. CCA 20140512.

No. 16-0096/AR. U.S. v. Benjamin D. Johnson. CCA 20140027.

No. 16-0097/AR. U.S. v. Michael A. Williams. CCA 20140582.

No. 16-0108/AR. U.S. v. Timothy E. Bennitt. CCA 20100172.

No. 16-0118/AR. U.S. v. Lars J. Randolph-Lewis. CCA 20140753.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0130/AR. U.S. v. Donaciano Bosquez III. CCA 20140256. 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 noted that the decision of the United States Army Court of Criminal Appeals incorrectly stated that Appellant was tried by a general court-martial. In fact, as the record of trial indicates, this was a special court-martial.

 

Petition for Reconsideration Denied

 

No. 15-0403/AR. Armand Andreozzi v. United States. On consideration of the motion for reconsideration and Petitioner's motion file reconsideration out of time, it is ordered that Petitioner's motion to file out of time is hereby granted and that the motion for reconsideration is hereby denied. Petitioner does not present good cause for reconsideration because this court lacks jurisdiction to grant the relief that he seeks. See Clinton v. Goldsmith, 526 U.S. 529, 534 (1999); see also 28 U.S.C. 2241.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of Appellee's motion for an enlargement of time to file a certificate for review, Appellant's opposition to the motion, and Appellant's motion to attach, it is ordered that the motion to enlarge time to file a certificate for review in the instant case is hereby granted to December 18, 2015. Appellee is advised that requests in future cases to enlarge time to file certificates for review due to the complexity of the issues, staffing requirements, or any other non-extraordinary circumstances will not be favorably received. Appellant's brief on the granted issues is due on December 14, 2015. Appellee will file a consolidated brief on both the granted issues and the issue stated in the certificate for review on or before January 19, 2016. Appellant's answer brief on the certified issue will be filed within 30 days of the filing of Appellee's consolidated brief. If Appellant wishes to file a reply brief on the granted issues, that brief will be consolidated with the answer brief on the certified issue. Appellee may file a reply brief on the certified issue within 10 days of the filing of Appellant's brief on the certified issue. Appellant's motion to attach is hereby granted.

 

No. 16-0162/NA. U.S. v. Alonzo Bass III. CCA 201400229. On consideration of Appellee's motion for an enlargement of time to file a certificate for review, it is ordered that the motion to enlarge time to file a certificate for review in the instant case is hereby granted to December 18, 2015. Appellee is advised that requests in future cases to enlarge time to file certificates for review due to the complexity of the issues, staffing requirements, or any other non-extraordinary circumstances will not be favorably received.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 9, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0203/AR. U.S. v. Peter Oswald. CCA 20130682.

No. 16-0204/AR. U.S. v. Christopher L. Spencer. CCA 20140783.

No. 16-0205/AR. U.S. v. Jennifer A. Onei. CCA 20140876.

No. 16-0206/AR. U.S. v. Jason D. Sanders. CCA 20150213.

 

Interlocutory Orders

 

No. 15-0754 & 16-0122/MC. United States, Appellee/Cross-Appellant v. Beau T. Martin, Appellant/Cross-Appellee. CCA 201400315. On consideration of Appellee/Cross-Appellant's motion for leave to file a supplement to the joint appendix, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 8, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0189/AR. U.S. v. Lewis M. Shepard. CCA 20130907.

No. 16-0190/AR. U.S. v. Stephen A. Sandoval. CCA 20150072.

No. 16-0191/AR. U.S. v. Timothy C. Connors. CCA 20140347.

No. 16-0192/AF. U.S. v. David J. Stanford. CCA 38615.

No. 16-0193/AF. U.S. v. Richard Bragassa. CCA 38604.

No. 16-0194/AR. U.S. v. Solomon J. Ball IV. CCA 20140405.

No. 16-0195/AR. U.S. v. Dustin A. Lamczyk. CCA 20140776.

No. 16-0196/AR. U.S. v. Curtis Maxwell. CCA 20130922.

No. 16-0197/AR. U.S. v. Jacob S. Campbell. CCA 20140255.

No. 16-0198/AR. U.S. v. Corey B. Teed. CCA 20150117.

No. 16-0199/AR. U.S. v. Isaac D. Roberts. CCA 20140168.

No. 16-0200/AR. U.S. v. Richard A. Smith. CCA 20140251.

No. 16-0201/AR. U.S. v. Ashley N. Thomas. CCA 20120857.

No. 16-0202/AR. U.S. v. Rene Lozada, Jr. CCA 20140711.

 

Petitions for Grant of Review Denied

 

No. 16-0095/AR. U.S. v. Shane C. Chambers. CCA 20140881.

No. 16-0104/AR. U.S. v. Raul Guemarez-Pagan. CCA 20140602.

 

Interlocutory Orders

 

No. 16-0122/MC. United States, Appellee/Cross-Appellant v. Beau T. Martin, Appellant/Cross-Appellee. CCA 201400315. The Court has accepted a consolidated pleading from the United States addressing both the granted and the certified issues. In view of Rule 19(b)(3), Rules of Practice and Procedure, it is ordered that appellate defense counsel may file a consolidated pleading incorporating both a reply brief on the granted issue and the answer brief on the certified issue on or before January 6, 2016, and the appellate government counsel may file a reply brief on the certified issue within 10 days of the filing of appellate defense counsel's consolidated brief.

 

No. 16-0175/AF. U.S. v. Joseph M. Gallegos Jr., CCA 38546. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to December 28, 2015.

 

No. 16-0178/NA. U.S. v. Brian G. Provorse. CCA 201400301. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to December 28, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, December 7, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0178/NA. U.S. v. Brian G. Provorse. CCA 201400301.

No. 16-0179/AR. U.S. v. Matthew R. Bergeron. CCA 20140361.

No. 16-0180/AR. U.S. v. Charlie M. Kendrick. CCA 20120506.

No. 16-0181/AR. U.S. v. Alex F. Silva. CCA 20130838.

No. 16-0182/AR. U.S. v. Tyrece L. Mullen. CCA 20130669.

No. 16-0183/AR. U.S. v. Jonathan R. Williams. CCA 20140868.

No. 16-0184/AR. U.S. v. Bradley T. Fontenelle. CCA 20140424.

No. 16-0185/AR. U.S. v. Stephen C. Barlow. CCA 20130587.

No. 16-0186/AR. U.S. v. Travis R. McGruder. CCA 20130294.

No. 16-0187/AR. U.S. v. Allen H. Tapp. CCA 20130776.

No. 16-0188/AR. U.S. v. Jason L. Caraballo. CCA 20131003.

 

Petitions for Grant of Review Denied

 

No. 16-0073/AR. U.S. v. Matthew B. Thornton. CCA 20140724.

No. 16-0084/AF. U.S. v. Paul Y. Stephan. CCA 38568.

No. 16-0120/AF. U.S. v. Devon P. Johnson. CCA S32047.

No. 16-0121/AR. U.S. v. Andrew R. Belt. CCA 20140968.

No. 16-0123/AR. U.S. v. Joshua M. Reid. CCA 20140225.

No. 16-0124/AR. U.S. v. Joseph S. Vinavong. CCA 20140374.

No. 16-0125/AR. U.S. v. Joey L. Hernandez. CCA 20140863.

No. 16-0126/AR. U.S. v. Steven Valencia. CCA 20130558.

No. 16-0127/AR. U.S. v. Travis W. Cloke. CCA 20140817.

No. 16-0128/AR. U.S. v. Brandon D. Hill. CCA 20130791.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, December 4, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0174/MC. U.S. v. Nathaniel L. Cosby. CCA 201400318.

No. 16-0175/AF. U.S. v. Joseph M. Gallegos Jr.,. CCA 38546.

No. 16-0176/AR. U.S. v. Blake A. Poulsen. CCA 20150064.

No. 16-0177/AR. U.S. v. Herlinda Hubbard. CCA 20150048.

 

Petitions for Grant of Review Denied

 

No. 16-0101/AR. U.S. v. Kevin V. Morton. CCA 20150175.

No. 16-0113/AR. U.S. v. Jose M. Melendez. CCA 20140314.

No. 16-0114/AF. U.S. v. Michael L. Merritt. CCA 38653.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by Michael H. McGinley, Esq., to appear pro hac vice, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, December 3, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0173/MC. U.S. v. Joseph R. Franklin. CCA 201500130.

 

Petitions for Grant of Review Denied

 

No. 16-0034/AR. U.S. v. William D. Record. CCA 20130721.

No. 16-0109/AR. U.S. v. Guillermo F. Castillo. CCA 20130496.

No. 16-0110/AR. U.S. v. Roderick N. Pugh. CCA 20140176.

No. 16-0112/AR. U.S. v. Corey W. Sanders. CCA 20140408.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, December 2, 2015

 

Petitions for Grant of Review Filed

 

No. 16-0167/AR. U.S. v. Joshua R. Sickels. CCA 20110110.

No. 16-0168/AR. U.S. v. Isai Varelasalas. CCA 20150163.

No. 16-0169/AF. U.S. v. Darryl L. Baker III. CCA 38756.

No. 16-0170/AF. U.S. v. Russell J. Gorecki. CCA 38654.

No. 16-0171/AF. U.S. v. Jacob D. Cameron. CCA 38581.

No. 16-0172/AF. U.S. v. Darius J. Broom. CCA S32282.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, December 1, 2015

 

Petitions for Grant of Review Denied

 

No. 15-0757/MC. U.S. v. William M. Lefevers. CCA 201400312.

No. 16-0030/AF. U.S. v. Daniel W. Hill. CCA 38648.

No. 16-0088/MC. U.S. v. Michael I. Woodye. CCA 201400336.

No. 16-0102/AR. U.S. v. Gianlouis Deconinck. CCA 20140096.

No. 16-0105/AR. U.S. v. Ryan D. Osborn. CCA 20130949.

 

Orders Granting Petition for Review

 

No. 16-0006/CG. U.S. v. Matthew A. Rogers. CCA 1391. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, said petition is granted on the following issue specified by the Court:

 

WHETHER THE MILITARY JUDGE ERRED IN DENYING THE IMPLIED BIAS CHALLENGE AGAINST CDR K IN LIGHT OF HER VARIOUS PROFESSIONAL AND PERSONAL EXPERIENCE WITH SEXUAL ASSAULT.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0034/AR. U.S. v. William D. Record. CCA 20130721. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) out of time is granted.

 

No. 16-0068/NA. U.S. v. Dustin M. Clark. CCA 201400232. Appellee's motion for an extension of time to file an answer brief is granted, but only up to and including January 5, 2016.

 

No. 16-0108/AR. U.S. v. Timothy E. Bennitt. CCA 20100172. Appellant's motion to attach page 8 to the supplement to the petition for grant of review is granted.

 

No. 16-0116/AR. Hearst Newspaper, LLC; The Associated Press; Bloomberg L.P.; Buzzfeed, Inc.; Dow Jones & Company, Inc.; Gannett Co., Inc.; McClatchy Co., The New York Times Company; Reuters America LLC; WP Company, LLC D/B/A The Washington Post, Appellants v. Robert B. Abrams, General, U.S. Army, in his official capacity as Commander of United States Army Forces Command, Fort Bragg, NC, and General Court-Martial Convening Authority; Peter Q. Burke, Lieutenant Colonel, AG, U.S. Army, in his official capacity as Commander, Special Troops Battalion, U.S. Army Forces Command, Fort Bragg, NC, and Special Court-Martial Convening Authority; Mark A. Visger, Lieutenant Colonel, JA, U.S. Army, in his official capacity as Preliminary Hearing Officer for Article 32 Proceedings against Robert B. Bergdahl, Sergeant, U.S. Army; and United States, Appellees. Appellant's motion to extend time to file a reply is granted to December 3, 2015

 

No. 16-0140/CG. U.S. v. Elmer L. Molina. CCA 1393. Appellant's second motion to extend time is granted to December 14, 2015.

 

No. 16-0162/NA. U.S. v. Alonzo Bass III. CCA 201400229. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 21, 2015.

 

No. 16-0165/AF. U.S. v. Charles N. Yohe. CCA 37950. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to December 21, 2015.



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