UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 30, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0348/MC. U.S. v. Christopher A. Quick. CCA 201300341.

No. 15-0349/AF. U.S. v. Alexander J. Sartorius. CCA S32203.

No. 15-0350/AF. U.S. v. Tory N. Sines. CCA S32192.

No. 15-0351/AF. U.S. v. Cody R. Rios. CCA S32228.

 

Petitions for Grant of Review Denied

 

No. 15-0261/AF. U.S. v. Rachel M. Betts. CCA 38476.

No. 15-0262/AR. U.S. v. Joel T. Sharp. CCA 20130998.

No. 15-0266/AF. U.S. v. Michelle L. Hamby. CCA 38501.

 

Certificates for Review Filed

 

No. 15-0347/MC. U.S., Appellant v. Christopher A. Quick, Appellee. CCA 20201300341. 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 date on the following issue:

WHETHER PRECEDENT AUTHORIZING COURTS OF CRIMINAL APPEALS TO ORDER SENTENCE-ONLY REHEARINGS SHOULD BE OVERRULED BASED ON (A) JACKSON v. TAYLOR, 353 U.S. 569 (1957), WHICH STATED "NO [SUCH] AUTHORITY" EXISTS; (B) THE PLAIN LANGUAGE OF THE STATUTE INCLUDING THE CONJUNCTIVE "FINDINGS AND SENTENCE" IN ARTICLE 66(d) IN CONTRAST TO AUTHORITY GRANTED THE JUDGE ADVOCATES GENERAL IN ARTICLE 69(a) TO ACT WITH RESPECT TO "FINDINGS AND SENTENCE OR BOTH" AND THE CONVENING AUTHORITY IN ARTICLE 60(f)(3) TO ORDER SENTENCE REHEARINGS; AND (C) JUDICIAL ECONOMY.

Appellant will file a brief under Rule 22(b) in support of said certificate on or before March 2, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 29, 2015

 

Petitions for Grant of Review Denied

 

No. 15-0047/MC. U.S. v. Dymond R. McCray. CCA 201300390.

No. 15-0058/AR. U.S. v. Chad R. Campbell. CCA 20120850.

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

No. 15-0165/AR. U.S. v. Edward Vargas, Jr. CCA 20140385.

No. 15-0214/AR. U.S. v. Russomar Villegas-Rojas. CCA 20111132.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 28, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0343/AR. U.S. v. Corey L. Houston. CCA 20120991.

No. 15-0344/MC. U.S. v. Brian Hickerson. CCA 201100111.

No. 15-0345/AR. U.S. v. Shane E. Sanders. CCA 20140728.

No. 15-0346/AR. U.S. v. Alfonso Floresjimenez. CCA 20140379.

 

Petitions for Grant of Review Denied

 

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

No. 15-0173/MC. U.S. v. Julien L. Brondeau. CCA 201400140.

 

Interlocutory Orders

 

No. 15-0225/AR. U.S. v. Neftaly Platero. CCA 20120620. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including February 27, 2015.

 

No. 15-0284/AF. U.S. v. James E. Burke III. CCA S32137. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including February 10, 2015.

 

No. 15-0291/NA. U.S. v. Kevin P. Shippee. CCA 860285. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 11, 2015.

 




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 27, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0336/AR. U.S. v. Jacob L. McCormick. CCA 20130481.

No. 15-0337/AR. U.S. v. Andrew D. Stevens. CCA 20140333.

No. 15-0338/AR. U.S. v. Matthew D. McGee. CCA 20130861.

No. 15-0339/AR. U.S. v. Antonio V. Shine. CCA 20140101.

No. 15-0340/AR. U.S. v. Kevin C. Zarembski, Jr. CCA 20140484.

No. 15-0341/AR. U.S. v. Quaashie M. Williams. CCA 20130139.

No. 15-0342/AR. U.S. v. Paul J. Floyd. CCA 20131059.

 

Petitions for Grant of Review Denied

 

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

No. 15-0257/AF. U.S. v. Trent A. Schaeffer. CCA S32197.

 

Hearings

 

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

No. 15-0112/AR. U.S. v. Tahir L. Muwwakkil. CCA 20140536.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 26, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0335/AF. U.S. v. Jonathan C. Lowder. CCA 38480.

 

Interlocutory Orders

 

No. 15-0286/AR. U.S. v. Rasheen K. McCullers. CCA 20120931. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to February 17, 2015, and no further extension of time will be granted in this case in the absence of good cause shown.

 

No. 15-0328/MC. U.S. v. Nicholas A. Howard. CCA 201300346. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 12, 2015.

 

No. 15-0330/AR. U.S. v. Kenneth A.R. Pinkela. CCA 20120649. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 12, 2015.

 

No. 15-0331/MC. U.S. v. Timothy S. Zepeda. CCA 201300458. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 12, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 23, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0328/MC. U.S. v. Nicholas A. Howard. CCA 201300346.

No. 15-0329/AR. U.S. v. Brandon S. Rawson. CCA 20130594.

No. 15-0330/AR. U.S. v. Kenneth A.R. Pinkela. CCA 20120649.

No. 15-0331/MC. U.S. v. Timothy S. Zepeda. CCA 201300458.

No. 15-0332/AF. U.S. v. Aaron C. Stubbs. CCA 38475.

No. 15-0333/AR. U.S. v. Terrell A. Sweet. CCA 20130941.

No. 15-0334/MC. U.S. v. Quantaus R. Riggins. CCA 201400046.

 

Petitions for Grant of Review Denied

 

No. 15-0043/AR. U.S. v. Travis J. Gardner. CCA 20120193.

No. 15-0193/MC. U.S. v. Dwayne E. Novak, Jr. CCA 201300379.

No. 15-0201/AR. U.S. v. Twyan J. Mitchell. CCA 20130033.

No. 15-0254/AR. U.S. v. Joseph W. Lomas. CCA 20140307.

No. 15-0255/MC. U.S. v. Michael A. Arnold. CCA 201400240.

 

Mandates Issued

 

No. 14-0199/AR. United States v. Bryce M. Phillips. CCA 20120585.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 22, 2015

 

Petitions for Grant of Review Denied

 

No. 13-0408/MC. U.S. v. Don W. Bailey, Jr. CCA 201200370.

No. 15-0065/AR. U.S. v. Rodolfo Contreras. CCA 20130311.

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

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

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

No. 15-0175/AF. U.S. v. Alexander C. Flanner. CCA S31938.

No. 15-0207/AR. U.S. v. Anthony P. Mitchell. CCA 20130626.

No. 15-0235/AF. U.S. v. Marcus K. Linn. CCA 38451.

No. 15-0245/AF. U.S. v. Carl L. Ponder. CCA S32161.

 

Appeals - Summary Dispositions

 

No. 14-0660/AR. U.S. v. Michael C. Budka. CCA 20120435. On further consideration of the granted issues (74 M.J. __ (C.A.A.F. Oct. 23, 2014)), and the briefs of the parties, we first conclude that the United States Army Court of Criminal Appeals did not abuse its discretion and did not violate the principle of party presentation, as outlined in Greenlaw v. United States, 554 U.S. 237, 243-44 (2008), when it summarily affirmed the finding of guilty to the offense of aggravated assault after the Government conceded that the factual predicate for that offense had not been met. Under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012), the Court of Criminal Appeals may affirm only such findings of guilty as it finds correct in law and fact, and "[i]n considering the record, it may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses." These factfinding powers are "unparalleled among civilian appellate tribunals," and the decision in Greenlaw did not take those powers into consideration. United States v. Baker, 28 M.J. 121, 122 (C.M.A. 1989). Neither the Court of Criminal Appeals, nor this Court, is bound by government concessions. See United States v. Emmons, 31 M.J. 108, 110 (C.M.A. 1990); United States v. Hand, 11 M.J. 321, 321 (C.M.A. 1981); United States v. Wille, 9 C.M.A. 623, 627, 26 C.M.R. 403, 407 (1958); United States v. McNamara, 7 C.M.A. 575, 578, 23 C.M.R. 39, 42 (1957); United States v. Patrick, 2 C.M.A. 189, 191, 7 C.M.R. 65, 67 (1953). Second, we conclude that Appellant's plea of guilty to aggravated assault was provident and that the military judge did not abuse her discretion by accepting the plea. Accordingly, it is ordered that the decision of the United States Army Court of Criminal Appeals is affirmed.

 

Interlocutory Orders

 

No. 13-0408/MC. U.S. v. Don W. Bailey, Jr. CCA 201200370. On consideration of Appellant's motion to supplement the record and motion to disqualify Colonel Mark Jamison, Director, Code 46, as counsel and to appoint a special master to develop relevant facts, it is ordered that said motions are hereby denied.

 

No. 15-0235/AF. U.S. v. Marcus K. Linn. CCA 38451. Appellant's motion to supplement the record is denied.

 

No. 15-0326/MC. U.S. v. Daniel W. Eads. CCA 201400226. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 10, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 21, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0322/AR. U.S. v. Lucas A. Coulter. CCA 20140041.

No. 15-0323/AR. U.S. v. Bennie L. Osborne, Jr. CCA 20120968.

No. 15-0324/AR. U.S. v. Evan A. Theoharis. CCA 20140382.

No. 15-0325/AR. U.S. v. Arnold Medellin, Jr. CCA 20130814.

No. 15-0326/MC. U.S. v. Daniel W. Eads. CCA 201400226.

No. 15-0327/AR. U.S. v. Ansel R. Manning. CCA 20130142.

 

Orders Granting Petition for Review

 

No. 15-0129/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. 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 EVIDENCE IS LEGALLY AND FACTUALLY INSUFFICIENT TO SUSTAIN A CONVICTION OF PRODUCTION OF CHILD PORNOGRAPHY WHERE THE IMAGES IN QUESTION DO NOT MEET THE DEFINITION OF CHILD PORNOGRAPHY.

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 20, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0318/MC. U.S. v. Erik J. Ellis. CCA 201200406.

No. 15-0319/AF. U.S. v. Mark S. Suwinski. CCA 38424.

No. 15-0320/AR. U.S. v. Kevin W. Barrington. CCA 20130705.

No. 15-0321/AR. U.S. v. Shawn M. Sturgess. CCA 20140560.

 

Petitions for Grant of Review Denied

 

No. 15-0042/AR. U.S. v. Travis A. Elliott. CCA 20130007.

No. 15-0066/AR. U.S. v. Donald D. Edwards. CCA 20140261.

No. 15-0102/AR. U.S. v. Philipps L. T. Ong. CCA 20130624.

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

No. 15-0191/AR. U.S. v. Andrew J. Ruh. CCA 20120398.

No. 15-0194/AF. U.S. v. Aaron J. Lucero. CCA 38386.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 16, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0316/AR. U.S. v. Luke E. Joseph. CCA 20140383.

No. 15-0317/MC. U.S. v. Adam S. Bennett. CCA 201400281.

 

Interlocutory Orders

 

No. 15-0315/AR. U.S. v. Michael F. Stellato. CCA 20140453. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 4, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 15, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0315/AR. U.S. v. Michael F. Stellato. CCA 20140453.

 

Petitions for Grant of Review Denied

 

No. 15-0227/AF. U.S. v. Rachel S. Perone. CCA S32186.

 

Orders Granting Petition for Review

 

No. 14-0685/AF. U.S. v. Wilber J. McIntosh, Jr. CCA 37977. 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 on the following issue:

WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE WHEN DEFENSE COUNSEL FAILED TO INTRODUCE EVIDENCE WHICH STRONGLY CORROBORATED THE DEFENSE THEORY THAT THE ALLEGATIONS IN THIS CASE WERE FALSE.

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0289/AF. U.S., Appellant v. Roy A. Bowser, Appellee. CCA 2014-08. On consideration of the certificate for review and Appellant's brief in support of the certified issues, dated January 5, 2015, under C.A.A.F. R. 15(a), and MODEL RULES OF PROF'L CONDUCT R. 3.3(a)(2) adopted therein, we find they fail to address United States v. Vargas, 74 M.J. 1 (C.A.A.F. 2014), and United States v. Browers, 20 M.J. 356 (C.M.A. 1985) as possible controlling or adverse authority. Appellate courts can and should require re-briefing to address deficiencies. See Passmore v. Estell, 607 F.2d 662, 664 (5th Cir. 1979), cert. denied, 446 U.S. 937 (1980). Accordingly, it is ordered that, within 10 days of the date of this Order, Appellant will file an amended brief addressing the deficiency noted. No extensions of time will be granted.

 

Appellee's brief, currently due on January 26, 2015, will instead be filed within 10 days of the filing of Appellant's amended brief. Any reply brief by Appellant will be filed within 5 days of the filing of Appellee's brief.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 14, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0313/AR. U.S. v. Timothy G. Roberts. CCA 20140270.

No. 15-0314/AR. U.S. v. David T. Cordero. CCA 20140095.

 

Petitions for Grant of Review Denied

 

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

No. 15-0179/AR. U.S. v. John J. Rodriguez. CCA 20120311.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0202/AR. U.S. v. Alvin C. Endsley. CCA 20130052. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of United States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010), we note that the proper victims in the Specification of the Charge were the merchants who provided the goods upon false pretenses, not the debit cardholder/Soldier. However, the charge sheet, stipulation of fact, and the providence inquiry focused on the Soldier as the victim, and there was no discussion on the record of whether the merchants were victimized. See Lubasky, 68 M.J. at 263. Accordingly, it is ordered that said petition is granted on the following issue:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY ACCEPTING APPELLANT'S PLEA OF GUILTY TO LARCENY OF THE PROPERTY OF SPECIALIST DT WHEN THE ALLEGED LARCENIES INVOLVED THE UNAUTHORIZED USE OF SPECIALIST DT'S DEBIT CARD NUMBER TO OBTAIN THE RETAIL GOODS OF A MERCHANT BY FALSE PRETENSE.

 

The decision of the United States Army Court of Criminal Appeals is reversed as to the Charge and its Specification and the sentence. The findings of guilty as to the Charge and its Specification are set aside. The remaining findings are affirmed. The record is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals. That court may either dismiss the Charge and its specification and reassess the sentence based on the affirmed findings, or it may order a rehearing on the affected charge and specification and the sentence.

 

Interlocutory Orders

 

No. 14-0685/AF. U.S. v. Wilber J. McIntosh, Jr. CCA 37977. On consideration of Appellant's motion to attach documents, and noting that said documents are already included in the record, it is ordered that said motion is hereby denied as moot.

 

No. 14-0744/NA. U.S. v. Allyssa K. Simmermacher. CCA 201300129. Appellee's motion for leave to file a supplement to the joint appendix is granted.

 

No. 15-0310/MC. U.S. v. Spencer J. Russo. CCA 201300324. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 2, 2015.

 

Hearings

 

No. 14-0524/MC. U.S. v. Troy B. Norman. CCA 201300152.

No. 14-0495/AR. U.S. v. Matthew R. Adams, Jr. CCA 20110503.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 13, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0306/AR. U.S. v. Justin E. Dickey. CCA 20140212.

No. 15-0307/AR. U.S. v. Paul D. Gevorkian. CCA 20130380.

No. 15-0308/AR. U.S. v. Jason C. Tyquiengco. CCA 20121089.

No. 15-0309/AR. U.S. v. Dequicey A. Thompson. CCA 20121117.

No. 15-0310/MC. U.S. v. Spencer J. Russo. CCA 201300324.

No. 15-0311/AR. U.S. v. George D. Brown. CCA 20130177.

No. 15-0312/AR. U.S. v. Timothy T. Robinson. CCA 20120993.

 

Petitions for Grant of Review Denied

 

No. 14-0109/AF. U.S. v. Daniel M. Blair. CCA S32028.

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

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

No. 15-0045/NA. U.S. v. Brian M. Hatch. CCA 201400011.

No. 15-0060/AR. U.S. v. Antonio M. McRae. CCA 20120373.

No. 15-0189/MC. U.S. v. Nathan A. Butters. CCA 201300291.

No. 15-0212/AR. U.S. v. Elijah M. Washington. CCA 20130291.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 12, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0303/AR. U.S. v. Benjamin J. Wilson. CCA 20140511.

No. 15-0304/AR. U.S. v. David A. Smith. CCA 20121092.

No. 15-0305/AR. U.S. v. Jonathon V. Johnson. CCA 20131016.

 

Petitions for Grant of Review Denied

 

No. 14-0751/AR. U.S. v. Johnathan M. Johnson. CCA 20120643.

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

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

No. 15-0220/AR. U.S. v. Dylan M. Wammock. CCA 20131040.

No. 15-0221/AF. U.S. v. Chasare D. Jackson. CCA 38431.

No. 15-0224/AR. U.S. v. Allen I. Saucedo. CCA 20140200.

 

Interlocutory Orders

 

No. 15-0191/AR. U.S. v. Andrew J. Ruh. CCA 20120398. Appellee's motion to file a 10-day answer letter out of time is denied.

 

No. 15-0289/AF. U.S. v. Roy A. Bowser. CCA 2014-08. Appellee's motion to extend time to file an answer brief is granted to January 26, 2015.

 

No. 15-0295/AR. U.S. v. Kevin D. Washington. CCA 20140826. Appellee's motion to extend time to file an answer to the writ-appeal petition is granted to February 6, 2015.

 

Petitions for Reconsideration Denied

 

No. 14-0633/AF. U.S. v. Dustin A. Miller. CCA 37869. Appellant's petition for reconsideration of this Court's order issued on December 8, 2014 is denied.

 

No. 15-0170/AR. Peter T. Roukis, Jr. Petitioner v. United States Army Respondent. On consideration of Petitioner's petition for reconsideration of this Court's order issued on November 18, 2014, it is ordered that said petition for reconsideration is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, January 9, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0301/AR. U.S. v. John J. Stover, Jr. CCA 20130867.

No. 15-0302/AR. U.S. v. John W. Cox. CCA 20111136.

 

Petitions for Grant of Review Denied

 

No. 13-0536/AR. U.S. v. Jacob D. Moon. CCA 20120112.

No. 15-0154/AR. U.S. v. Marcus A. Florez. CCA 20130666.

No. 15-0213/AR. U.S. v. Bryan A. Commeau. CCA 20120946.

No. 15-0216/AR. U.S. v. Willie C. Rodgers. CCA 20130442.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, January 8, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0296/AR. U.S. v. Arnulfo E. Vela. CCA 20130114.

No. 15-0297/AR. U.S. v. Aaron M. Rentfrow. CCA 20110732.

No. 15-0298/AR. U.S. v. Dalante E. Watts. CCA 20130043.

No. 15-0299/AR. U.S. v. Sherron D. Hill. CCA 20120970.

No. 15-0300/AR. U.S. v. David D. Bram. CCA 20111032.

 

Petitions for Grant of Review Denied

 

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

No. 15-0041/AR. U.S. v. Mario J. Hampton. CCA 20120573.

No. 15-0063/AR. U.S. v. Jonathan R. Chavez-Corrales. CCA 20120640.

No. 15-0071/AR. U.S. v. Trevor J. Fris-Hockaday. CCA 20130455.

No. 15-0146/AF. U.S. v. Rory M. Duran. CCA 38404.

No. 15-0161/AR. U.S. v. Manuel A. Lau. CCA 20130977.

 

Interlocutory Orders

 

No. 15-0256/AR. U.S. v. Rashad J. Valmont. CCA 20110644. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted, but only up to and including January 27, 2015.

 

No. 15-0292/MC. U.S. v. Timothy Baldwin. CCA 201400014. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 27, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, January 7, 2015

 

Petitions for Grant of Review Filed

 

No. 13-0332/MC. U.S. v. Chad J. Batchelder. CCA 201200180.

No. 15-0290/AR. U.S. v. Bryan J. Hanks. CCA 20120597.

No. 15-0291/NA. U.S. v. Kevin P. Shippee. CCA 860285.

No. 15-0292/MC. U.S. v. Timothy Baldwin. CCA 201400014.

No. 15-0293/AR. U.S. v. Bryan S. Hurd. CCA 20130144.

No. 15-0294/AR. U.S. v. Christopher S. Schloff. CCA 20140708.

 

Petitions for Grant of Review Denied

 

No. 14-0242/AR. U.S. v. Steve A. Frasier. CCA 20120744.

No. 14-0793/NA. U.S. v. Donnell T. Epps. CCA 201300423.

No. 14-0805/NA. U.S. v. Christopher Januski. CCA 201300210.

No. 15-0037/AR. U.S. v. Andrew S. Keys. CCA 20130919.

No. 15-0054/AR. U.S. v. Carlos Carrasquillo. CCA 20120921.

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

No. 15-0159/AR. U.S. v. Anthony W. Pelkey. CCA 20130590.

No. 15-0195/MC. U.S. v. Stephen M. Pappas. CCA 201400218.

No. 15-0199/AR. U.S. v. Damion M. Petee. CCA 20130128.

No. 15-0200/AR. U.S. v. Christopher A. Edgecombe. CCA 20120891.

No. 15-0205/AF. U.S. v. Charles R. Braun. CCA S32419.

 

Miscellaneous Docket - Filings

 

No. 15-0295/AR. U.S. v. Kevin D. Washington. CCA 20140826. Notice is hereby given that a brief in support of petition for extraordinary relief in the nature of a writ of coram nobis, which this Court construes as a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of coram nobis, was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, January 6, 2015

 

Interlocutory Orders

 

No. 15-0284/AF. U.S. v. James E. Burke, III. CCA S32137. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to January 26, 2015.

 

No. 15-0286/AR. U.S. v. Rasheen K. McCullers. CCA 20120931. On consideration of Appellant's motion to extend time to file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted, but only up to January 26, 2015. Any further motion for enlargement of time to file the supplement to the petition for grant of review will be granted for good cause.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, January 5, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0280/AR. U.S. v. Aaron C. Vassar. CCA 20140004.

No. 15-0281/AR. U.S. v. Michael A. Chambers. CCA 20130518.

No. 15-0282/AF. U.S. v. Gary B. Higgins. CCA 38477.

No. 15-0283/AF. U.S. v. Tory T. Loving. CCA S32217.

No. 15-0284/AF. U.S. v. James E. Burke III. CCA S32137.

No. 15-0285/AF. U.S. v. Andrew D. Hall. CCA 38553.

No. 15-0286/AR. U.S. v. Rasheen K. McCullers. CCA 20120931.

No. 15-0287/AR. U.S. v. Jacob P. Dziedzic. CCA 20120888.

No. 15-0288/AF. U.S. v. Brandon C. Thomas, Jr. CCA S32163.

 

Certificates for Review Filed

 

No. 15-0289/AF. U.S. v. Roy A. Bowser. CCA 2014-08. 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 supporting brief were filed under Rule 22 on this date on the following issues:

I.  WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FAILING TO GRANT TRIAL COUNSEL A BRIEF CONTINUANCE TO CONSULT WITH THEIR SUPERVISORY ATTORNEYS, FINDING PROSECUTORIAL MISCONDUCT AND BAD FAITH FOR THE FIRST TIME SEVENTEEN DAYS AFTER THE NOTICE OF APPEAL WAS FILED, AND DISMISSING ALL CHARGES AND SPECIFICATIONS WITH PREJUDICE.

II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN, CONTRARY TO ARTICLE 62(B), UCMJ, IT REQUESTED FACTS OUTSIDE OF THE RECORD SOLICITED IN ORAL ARGUMENT TO "PARTIALLY INFORM [ITS] DECISION AS TO WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION."

III. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT CONCLUDED THAT DISMISSAL WITH PREJUDICE WAS APPROPRIATE DESPITE EXPRESSLY FINDING 1) TRIAL COUNSEL'S REQUEST FOR A CONTINUANCE WAS REASONABLE AND 2) "THE RECORD CONTAINS [ ] INFORMATION INCONSISTENT WITH [THE MILITARY JUDGE'S] FINDINGS OF FACT."

Appellee will file an answer under Rule 22(b) on or before January 15, 2015.

 

Interlocutory Orders

 

No. 14-0660/AR. U.S. v. Michael C. Budka. CCA 20120435. Appellant's motion to extend time to file a reply brief is granted to January 9, 2015.

 

No. 15-0258/AR. U.S. v. Ricardo Gonzales. CCA 20140620. Appellee's motion to extend time to file an answer to the writ-appeal petition is granted to January 15, 2015.

 

No. 15-0277/AR. U.S. v. Michael A. Audet. CCA 20120574. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to January 20, 2015.

 

Mandates Issued

 

No. 14-0322/NA. U.S. v. Michael B. Gilbreath. CCA 201200427.



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