UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 30, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0668/AR. U.S. v. Steven Ramirez II. CCA 20130389.

No. 15-0669/AF. U.S. v. Reyna R. Lopeztegui. CCA S32209.

No. 15-0670/AR. U.S. v. Abess K. Safiedeen. CCA 20121124.

No. 15-0671/AR. U.S. v. Robert P. Marci. CCA 20140840.

No. 15-0672/AF. U.S. v. Michael S. Landon. CCA 38560.

No. 15-0673/AR. U.S. v. Hugo Rosalesleonor. CCA 20140230.

 

Petitions for Grant of Review Denied

 

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

No. 15-0415/AR. U.S. v. Gregory B. Harris. CCA 20130310.

No. 15-0423/AR. U.S. v. Todd H.F. Knight. CCA 20121152.

No. 15-0443/AR. U.S. v. Darnell M. Tillman. CCA 20130973.

No. 15-0458/AR. U.S. v. Owen N. Brown. CCA 20130600.

No. 15-0525/AR. U.S. v. Dimas E. Alvarez-Fuentes. CCA 20130407.

No. 15-0535/AR. U.S. v. Brian M. Roberts. CCA 20140366.

No. 15-0551/AF. U.S. v. Christopher R. Woodard. CCA S32170.

No. 15-0605/AR. U.S. v. Thomas A. Myrie. CCA 20140980.

 

Appeals - Summary Dispositions

 

No. 14-0773/AF. U.S. v. Jeremiah L. Thompson III. CCA 38269. On consideration of the granted issue (74 M.J. ___ (C.A.A.F. December 9, 2014)), and in light of United States v. Piolunek, 74 M.J. 107 (C.A.A.F. 2015), we conclude that there is no indication that in arriving at his findings, the military judge relied on an unsound, let alone unconstitutional, legal theory. "Military judges are presumed to know the law and to follow it absent clear evidence to the contrary." United States v. Erickson, 65 M.J. 221, 225 (C.A.A.F. 2007). Consequently, we can presume that the military judge properly applied the definitions of the Child Pornography Prevention Act of 1996, 18 U.S.C. 2252A (2006), and the factors outlined in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986), to conduct a constitutionally sound evaluation, and based the verdict solely on non-protected images. Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed.

 

No. 14-5009/AF. United States, Appellee/Cross-Appellant v. Patrick J. Huey, Jr. Appellant/Cross-Appellee. CCA 38139. On consideration of the granted issue, 73 M.J. 347 (C.A.A.F. 2014), and the certified issue, 73 M.J. 415 (C.A.A.F. 2014), the briefs of the parties, and in light of United States v. Piolunek, 74 M.J. 107 (C.A.A.F. 2015), we conclude that there is no indication that in arriving at his findings, the military judge relied on an unsound, let alone unconstitutional, legal theory. "Military judges are presumed to know the law and to follow it absent clear evidence to the contrary." United States v. Erickson, 65 M.J. 221, 225 (C.A.A.F. 2007). Consequently, we can presume that the military judge properly applied the definitions of the Child Pornography Prevention Act of 1996, 18 U.S.C. 2252A (2006), and the factors outlined in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986), to conduct a constitutionally sound evaluation, and based the verdict solely on non-protected images. Accordingly, it is ordered that the decision of the United States Air Force Court of Criminal Appeals is affirmed. The certified issue is moot.

 

Orders Granting Petition for Review

 

No. 15-0425/AF. U.S. v. Alan J. Killion, Jr. CCA S32193. 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 issues:

 

I. WHETHER APPELLANT'S CONVICTION FOR PROVOKING SPEECH IS LEGALLY INSUFFICIENT BECAUSE "UNDER THE CIRCUMSTANCES" HIS WORDS WERE NOT REASONABLY LIKELY TO PROVOKE VIOLENCE.

 

II. WHETHER THE MILITARY JUDGE'S INSTRUCTIONS REGARDING PROVOKING SPEECH WERE DEFICIENT UNDER THE FACTS AND CIRCUMSTANCES OF APPELLANT'S CASE.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0328/MC. U.S. v. Nicholas A. Howard. CCA 201300346. Appellant's motion to attach documents is granted.

 

No. 15-0667/AF. U.S. v. Veon D. Selman. CCA 38626. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 20, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 29, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0665/MC. U.S. v. Lee R. Sykes. CCA 201400144.

No. 15-0666/AF. U.S. v. Justin A. Crakow. CCA S32185.

No. 15-0667/AF. U.S. v. Veon D. Selman. CCA 38626.

 

Petitions for Grant of Review Denied

 

No. 15-0357/MC. U.S. v. Levon Tyler. CCA 201200327.

No. 15-0587/AF. U.S. v. Matthew B. Albright. CCA 37961.

No. 15-0596/AR. U.S. v. Robert D. Pelfrey. CCA 20140695.

No. 15-0600/AR. U.S. v. Harold B. Hill. CCA 20130240.

No. 15-0601/AR. U.S. v. Tamika A. Mathews. CCA 20140273.

No. 15-0607/AF. U.S. v. Kelton M. Bradshaw. CCA 38490.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0493/AR. U.S. v. Rodney S. Nelson. CCA 446858. 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 dismissed as untimely filed.

 

Interlocutory Orders

 

No. 15-0628/MC. U.S. v. Joseph A. Dyas. CCA 201400250. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to July 15, 2015.

 

No. 15-0665/MC. U.S. v. Lee R. Sykes. CCA 201400144. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 20, 2015.

 

Mandates Issued

 

No. 14-0792/AR. U.S. v. Collin J. Carter. CCA 20121046.

No. 15-0029/AR. U.S. v. Levi A. Keefauver. CCA 20121026.

No. 15-0059/NA. U.S. v. Darron D. Ward, Jr. CCA 201400021.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 26, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470.

 

Miscellaneous Docket - Summary Dispositions

 

No. 15-0573/AF. Charles A. Wilson III, Appellant v. United States, Appellee. CCA 2015-02. On consideration of the writ-appeal petition, it is ordered 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.

 

Interlocutory Orders

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785. On consideration of Appellant's motion for leave to file a defense appendix, it is ordered that said motion is hereby denied. Appellant will file a brief on or before July 1, 2015. The joint appendix will be filed on or before July 16, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 25, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0662/MC. U.S. v. Blas M. Escamilla. CCA 201400168.

No. 15-0663/AF. U.S. v. Cory R. Sherman. CCA S32270.

 

Interlocutory Orders

 

No. 15-0662/MC. U.S. v. Blas M. Escamilla. CCA 201400168. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 15, 2015.

 

Mandates Issued

 

No. 14-0744/NA. U.S. v. Allyssa K. Simmermacher. CCA 201300129.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 24, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0656/AR. U.S. v. Jonathan T. Jordan. CCA 20130366.

No. 15-0657/AR. U.S. v. River A. Wright. CCA 20150065.

No. 15-0658/AR. U.S. v. Timothy J. Rodriguez, Sr. CCA 20140466.

No. 15-0659/AR. U.S. v. Jeffery G. Barnes, Jr. CCA 20120308.

No. 15-0660/AF. U.S. v. Benjamin A. Feldkamp. CCA 38493.

No. 15-0661/AR. U.S. v. Jesse J. Caballero. CCA 20130665.

 

Petitions for Grant of Review Denied

 

No. 15-0594/NA. U.S. v. Christian D. Wille. CCA 201400394.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 22, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0653/AR. U.S. v. Jermaine P. Collins Sr. CCA 20130402.

No. 15-0654/AR. U.S. v. Scott T. Doyle. CCA 20140322.

No. 15-0655/AR. U.S. v. William S. Manning. CCA 20130835.

 

Petitions for Grant of Review Denied

 

No. 15-0519/AR. U.S. v. Thomas D. Delooff, Jr. CCA 20130553.

No. 15-0575/AR. U.S. v. Nathaniel A. Wilcher. CCA 20140610.

No. 15-0576/AR. U.S. v. Damion M. Petee. CCA 20140809.

No. 15-0577/AR. U.S. v. Mario A. Jinetecabarcas. CCA 20130444.

No. 15-0578/AR. U.S. v. Austen C. Fuller. CCA 20140710.

No. 15-0582/AR. U.S. v. Samuel K. Hanawahine. CCA 20140641.

No. 15-0583/AF. U.S. v. Collin R. Gray. CCA S32178.

No. 15-0584/AF. U.S. v. Donald M. Shirreffs III. CCA S32248.

No. 15-0588/AF. U.S. v. Michael A. Habbe. CCA 38562.

No. 15-0589/AF. U.S. v. Thienbuu J. Nguyen. CCA 38570.

No. 15-0591/AF. U.S. v. Jesse R. Waite. CCA 38357.

 

Interlocutory Orders

 

No. 15-0652/AF. U.S. v. Robert A. Bondo. CCA 38438. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to July 9, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 19, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0652/AF. U.S. v. Robert A. Bondo. CCA 38438.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 18, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0645/AR. U.S. v. Stephen J. Fowler. CCA 20121079.

No. 15-0646/AR. U.S. v. Ian W. Curtis. CCA 20130289.

No. 15-0647/AR. U.S. v. Joseph D. Kurtzweil. CCA 20130435.

No. 15-0648/AR. U.S. v. Michael L. Howard. CCA 20140106.

No. 15-0649/AR. U.S. v. Zachary T. Lawrence. CCA 20130249.

No. 15-0650/AR. U.S. v. William E. Mayberry. CCA 20130218.

No. 15-0651/NA. U.S. v. Arvis D. Owens. CCA 201300485.

 

Petitions for Grant of Review Denied

 

No. 15-0438/AR. U.S. v. Marquill D. Willis. CCA 20120999.

No. 15-0603/AF. U.S. v. Jonathan W. James. CCA S32213.

 

Interlocutory Orders

 

No. 15-0639/AR. U.S. v. Joshua D. Chandler. CCA20120680. Appellant's motion to extend time to file a supplement to the petition for grant of review granted to July 6, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 17, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0642/AF. U.S. v. Mason W. Mandy. CCA 38227.

No. 15-0643/AR. U.S. v. Eli Valenzuela. CCA 20140434.

No. 15-0644/AR. U.S. v. Angel Barrera. CCA 20140085.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 16, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0634/AR. U.S. v. Daryl A. Rhodes. CCA 20140248.

No. 15-0635/AR. U.S. v. Matthew Acelouis. CCA 20140742.

No. 15-0636/AR. U.S. v. Eric W. Cooper. CCA 20121161.

No. 15-0637/AR. U.S. v. Benjamin M. Bush. CCA 20130910.

No. 15-0638/AR. U.S. v. Alejandro L. Perez III. CCA 20130174.

No. 15-0639/AR. U.S. v. Joshua D. Chandler. CCA 20120680.

No. 15-0640/AR. U.S. v. Kyle S. Sutton. CCA 20130293.

No. 15-0641/AR. U.S. v. Frederick A. Thomas III. CCA 20140707.

 

Interlocutory Orders

 

No. 15-0560/AR. U.S. v. Cornelius T. Summers. CCA 20121104. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to June 30, 2015.

 

No. 15-0616/AR. Robert B. Bergdahl, Appellant v. Mark A. Milley, General, U.S. Army, in his official capacity as Commanding General, U.S. Army Forces Command and General Court-Martial Convening Authority, and United States, Appellees. CCA 20150383. On consideration of Appellee's motion to file an extension of time out of time and motion to extend time to file an answer to the writ-appeal petition, it is ordered that said motions are hereby granted, and that Appellees will file an answer to the writ-appeal petition on or before June 22, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 15, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0633/AF. U.S. v. Matthieu M. Stephens. CCA 38487.

 

Petitions for Grant of Review Denied

 

No. 15-0565/AF. U.S. v. Michael P. Labrie. CCA 38529.

No. 15-0566/AF. U.S. v. Donnell E. Freeman. CCA 38494.

No. 15-0567/AF. U.S. v. Jory D. Hodge. CCA 38563.

No. 15-0569/AF. U.S. v. Nicholas A. Fields. CCA S32239.

No. 15-0570/AR. U.S. v. Timothy D. Kurtz. CCA 20130215.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 12, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0631/AR. U.S. v. Stanley S. Jnbaptiste. CCA 20121113.

No. 15-0632/AR. U.S. v. William T. Spencer. CCA 20140909.

 

Petitions for Grant of Review Denied

 

No. 15-0550/AR. U.S. v. Joshua F. Pilgrim. CCA 20131015.

No. 15-0555/AR. U.S. v. Orion A. Corbin. CCA 20140759.

No. 15-0556/AR. U.S. v. John A. Mason. CCA 20140028.

No. 15-0557/AR. U.S. v. Javier O. Barrera. CCA 20140590.

No. 15-0558/AR. U.S. v. Taarik C. Clark. CCA 20140692.

 

Miscellaneous Docket - Summary Dispositions

 

No. 15-0559/AR. Maurice K. Robins, Appellant v. United States, Appellee CCA 2050237. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby denied.

 

Interlocutory Orders

 

No. 14-0633/AF. U.S. v. Dustin A. Miller. CCA 37869. On consideration of Appellant's motion for leave to file a petition for reconsideration out of time and other appropriate relief, and Appellee's motion to dismiss the petition for reconsideration for lack of jurisdiction, motion to attach, motion to withdraw the motion to attach, and motion to attach, it is ordered that Appellant's motion for leave to file a petition for leave to file the petition for reconsideration out of time and other appropriate relief is hereby denied, and Appellee's motion to dismiss the petition for reconsideration for lack of jurisdiction, motion to attach, motion to withdraw the motion to attach, and motion to attach are hereby denied as moot.

 

No. 15-0390/AR. U.S. v. Kye C. Womack. CCA 20140345. Appellant's motion to extend time to file a brief granted to June 22, 2015.

 

No. 15-0572/AF. U.S. v. John W. Saunders. CCA 2014-15. On consideration of the petition for grant of 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 the motion filed by Protect our Defenders for leave to file an Amicus Curiae brief in support of the answer to the supplement to the petition for grant of review, it is ordered that said motion is hereby denied, and said petition is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review.

 

No. 15-0607/AF. U.S. v. Kelton M. Bradshaw. CCA 38490. Appellant's motion to attach a document is hereby denied.

 

No. 15-0626/AF. U.S. v. Clifton E. Huebner. CCA 37696. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 30, 2015.

 

No. 15-0628/MC. U.S. v. Joseph A. Dyas. CCA 201400250. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 30, 2015.

 

No. 15-0631/AR. U.S. v. Stanley S. Jnbaptiste. CCA 20121113. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 2, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 11, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0629/AR. U.S. v. Tristan K. Whitfield. CCA 20130212.

No. 15-0630/AR. U.S. v. Bryant R. Marshall. CCA 20140131.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0604/AF. U.S. v. Patrick E. Leonard, Jr. CCA 38484. 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.*

 

* It is noted that the decision of the United States Air Force Court of Criminal Appeals incorrectly summarized the findings. Appellant was convicted of attempted sexual assault and abusive sexual contact under Articles 80 and 120, Uniform Code of Military Justice, 10 U.S.C. 880 and 920 (2012). The lower court mistakenly stated that he was convicted of attempted aggravated sexual assault and aggravated sexual contact.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 10, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0626/AF. U.S. v. Clifton E. Huebner. CCA 37696.

No. 15-0627/AR. U.S. v. David A. Densmore. CCA 20140833.

No. 15-0628/MC. U.S. v. Joseph A. Dyas. CCA 201400250.

 

Petitions for Grant of Review Denied

 

No. 15-0504/AR. U.S. v. Peter A. Stincer II. CCA 20131061.

No. 15-0529/AF. U.S. v. Alexander J. Rowe. CCA 38482.

 

Interlocutory Orders

 

No. 15-0572/AF. U.S. v. John W. Saunders. CCA 2014-15. On consideration of Appellant's motion to withdraw an opposition to the motion of Protect Our Defenders for leave to file an Amicus brief in support of the answer to the supplement to the petition for grant of review, it is ordered that said motion is hereby granted.

 

No. 15-0606/MC. CB, Appellant v. Moira Modzelewski, Captain, U.S. Navy, in her official capacity as Military Judge, Appellee, and Donald Foster, Lance Corporal, U.S. Marine Corps, Real Party in Interest. CCA 201500058. On consideration of Appellee's motion to remove the military judge named as the military judge Respondent and substitute therefore the United States as Respondent, it is ordered that said motion is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 9, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0625/AR. U.S. v. Nestor A. Saravia. CCA 20130888.

 

Petitions for Grant of Review Denied

 

No. 15-0546/AF. U.S. v. Ryan T. Miller. CCA S32260.

No. 15-0547/AR. U.S. v. John L. Apeldoorn. CCA 20120965.

 

Miscellaneous Docket - Summary Dispositions

 

No. 15-0581/NA. Brian L. Brimeyer, Petitioner v. United States, Respondent Respondent. Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 15-0387/CG U.S. v. Christopher S. Cooley. CCA 1389. On consideration of Appellant's motion for an expedited review, it is ordered that said motion is hereby denied.*

 

* BAKER, Chief Judge (dissenting):

 

Given the nature of the issue presented, I would grant oral argument immediately.

 

No. 15-0606/MC. CB, Appellant v. Moira Modzelewski, Captain, U.S. Navy, in her official capacity as Military Judge, Appellee, and Donald Foster,Lance Corporal, U.S. Marine Corps, Real Party in Interest. CCA 201500058. On consideration of Appellee's motion for an enlargement of time to file an answer, it is ordered that said motion is hereby granted to June 18, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 8, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0620/AR. U.S. v. Dustin B. Huckleberry. CCA 20140812.

No. 15-0621/AR. U.S. v. John M. Chavarria. CCA 20140551.

No. 15-0622/AR. U.S. v. Kevin M. Reen. CCA 20130753.

No. 15-0623/AR. U.S. v. Daniel J. Scott. CCA 20130599.

No. 15-0624/AR. U.S. v. Kevin J. Shakely. CCA 20140108.

 

Petitions for Grant of Review Denied

 

No. 15-0368/AR. U.S. v. David A. Lopez. CCA 20100457.

No. 15-0451/NA. U.S. v. Marc A. Seals. CCA 201300367.

No. 15-0491/AR. U.S. v. Jacky D. Freeman. CCA 20130957.

No. 15-0537/AR. U.S. v. Kenneth R. Sheely. CCA 20130556.

No. 15-0538/AR. U.S. v. Sascha D. Schwab. CCA 20131051.

No. 15-0539/AR. U.S. v. Kosal Va. CCA 20140675.

No. 15-0542/AF. U.S. v. Jonathan D. Tompkins. CCA 38571.

No. 15-0544/AR. U.S. v. Tyler C. Flinner. CCA 20140704.

No. 15-0545/AR. U.S. v. Esgar Ruizfernandez. CCA 22140358.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 15-0517/AR. U.S. v. Dominic J. Smedley. CCA 20140706. 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 court-martial promulgating order be corrected to change "The Additional Charge" to "The Charge" and to correct the spelling of the word, "plea' with respect to the specification of the charge.

 

Interlocutory Orders

 

No. 15-0619/AR. U.S. v. Mark A. Gordon. CCA 20131050. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 25, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 5, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0617/AR. U.S. v. Anthony J. Perez. CCA 20130368.

No. 15-0618/AR. U.S. v. Rhyeem O. Jones. CCA 20140902.

No. 15-0619/AR. U.S. v. Mark A. Gordon. CCA 20131050.

 

Miscellaneous Docket Filings

 

No. 15-0616/AR. Robert B. Bergdahl, Appellant v. Mark A. Milley, General U.S. Army, in his official capacity as Commanding General, U.S. Armed Forces Command and General Court-Martial Convening Authority, and United States, Appellees. CCA 20150383. Notice is hereby given that 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 mandamus was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 15-0331/MC. U.S. v. Timothy S. Zepeda. CCA 201300458. Appellant's motion to withdraw the petition for grant of review granted.

 

No. 15-0496/AR. U.S. v. Marcus C. Doshier. CCA 20120691. On consideration of the motion filed by Major Aaron R. Inkenbrandt, for leave to withdraw as appellate defense counsel, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 4, 2015

 

Petitions for Grant of Review Denied

 

No. 15-0421/AF. U.S. v. Jamil D. Cooks. CCA 38426.

No. 15-0485/AF. U.S. v. Courtney D. Waddell. CCA 38500.

 

Interlocutory Orders

 

No. 14-0010/AF. U.S. v. Rafael Verdejo-Ruiz. CCA 37957. Appellant's motion for leave to file a petition for reconsideration out of time time is denied.

 

Mandates Issued

 

No. 14-0724/NA. U.S. v. Nancy L. Castillo. CCA 201300280.

 

Petitions for Reconsideration Denied

 

No. 14-0495/AR. U.S. v. Matthew R. Adams, Jr. CCA 20110503. Appellant's petition for reconsideration of the Court's opinion, 74 M.J. __ (C.A.A.F. 2015), is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 3, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0613/AR. U.S. v. Douglas J. Paige. CCA 20130880.

No. 15-0614/AF. U.S. v. Jamey L. Crawford. CCA 38408.

No. 15-0615/AR. U.S. v. Omar J. Diaz. CCA 20140667.

 

Petitions for Grant of Review Denied

 

No. 15-0402/AR. U.S. v. Christopher L. Hintz. CCA 20130927.

No. 15-0495/AR. U.S. v. Jason H. Krause. CCA 20140388.

 

Miscellaneous Docket - Summary Dispositions

 

No. 15-0518/AR. James G. Donohue, Appellant v. Sean B. MacFarland, Lieutenant General, U.S. Army, in his official capacity as Convening Authority, and United States, Appellees. CCA 20150200. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied without prejudice to Appellant's right to raise the issue asserted during the course of normal appellate review.

 

No. 15-0548/NA. D'Urville Christopher, Appellant v. United States, Appellee. CCA 201500066. On consideration of the writ-appeal petition and Appellant's motion to stay the proceedings, it is ordered that said petition is hereby denied without prejudice to Appellant's right to raise the issues asserted during the course of normal appellate review, and that said motion is hereby denied as moot.

 

No. 15-0561/AR. Alexander Loya, Petitioner v. United States, Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, or in the alternative a writ of mandamus, it is ordered that said petition is hereby denied.

 

Orders Granting Petition for Review

 

No. 15-0384/CG. U.S. v. Christopher S. Cooley. CCA 1389. On consideration of the petition for grant of review of the decision of the United States Coast Guard Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE GOVERNMENT VIOLATED APPELLANT'S RIGHTS UNDER ARTICLE 10, UCMJ, WHEN THE GOVERNMENT POSSESSED KEY EVIDENCE AGAINST APPELLANT ON JULY 20, 2012, AND FEBRUARY 5, 2013, YET MADE NO MOVE TO PROSECUTE APPELLANT FOR THESE OFFENSES UNTIL JUNE OF 2013, DESPITE HIS PRETRIAL CONFINEMENT FROM DECEMBER 20, 2012.

 

Briefs will be filed under Rule 25.

 

No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530. 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:

 

AT THE TIME OF APPELLANT'S ALLEGED SEXUAL ABUSE OF A CHILD OFFENSE, THE PRESIDENT HAD NOT SET THE MAXIMUM PUNISHMENT FOR THE OFFENSE. THE MILITARY JUDGE USED A LATER-ENACTED EXECUTIVE ORDER TO SET THE MAXIMUM PUNISHMENT, EVEN THOUGH IT INCREASED THE CONFINEMENT RANGE FROM ONE YEAR TO FIFTEEN YEARS. WAS THE EX POST FACTO CLAUSE VIOLATED?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by Captain Tierney M. Carlos, for leave to withdraw as appellate defense counsel, it is ordered that said motion is hereby granted.

 

No. 15-0614/AF. U.S. v. Jamey L. Crawford. CCA 38408. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 23, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 2, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0612/AR. U.S. v. Michael D. Klinetop. CCA 20131081.

 

Petitions for Grant of Review Denied

 

No. 15-0468/AF. U.S. v. Channing J. Spencer. CCA S32198.

No. 15-0484/MC. U.S. v. Kenneth R. Walker. CCA 201400136.

No. 15-0511/AF. U.S. v. Shane M. Dundon. CCA 38436.

No. 15-0528/AF. U.S. v. Jeffrey Spencer, Jr. CCA S32252.

No. 15-0530/AF. U.S. v. Leeroy Pena. CCA S32215.

No. 15-0531/AF. U.S. v. Jeffrey E. Brown, Jr. CCA 38497.

No. 15-0533/AR. U.S. v. Charles L. Curtis. CCA 20140093.

 

Interlocutory Orders

 

No. 15-0361/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's motion to file a substitute joint appendix is granted.

 

No. 15-0560/AR. U.S. v. Cornelius T. Summers. CCA 20121104. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 16, 2015.

 

No. 15-0601/AR. U.S. v. Tamika A. Mathews. CCA 20140273. Appellant's motion to file a corrected supplement to the petition for grant of review granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 1, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0608/AR. U.S. v. Andrew C. Langevin. CCA 20140120.

No. 15-0609/AR. U.S. v. Marco A. Avilamora. CCA 20140821.

No. 15-0610/AR. U.S. v. Eugene O. Anderson. CCA 20140188.

No. 15-0611/AF. U.S. v. Thomas N. Walthour. CCA S32235.

 

Petitions for Grant of Review Denied

 

No. 15-0437/AR. U.S. v. Tyrone D. Pulse. CCA 20121021.

No. 15-0487/MC. U.S. v. Ulysses Lopez. CCA 201400192.

No. 15-0521/AR. U.S. v. Byron K. Wood. CCA 20130894.

No. 15-0522/AR. U.S. v. Michael I. Sanchez. CCA 20140154.

No. 15-0524/AR. U.S. v. Robert K. Dickie. CCA 20140222.

No. 15-0527/AR. U.S. v. Jonathan R. Laney. CCA 20140319.



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