UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 31, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0452/AR. U.S. v. George A. Clarke. CCA 20120800.

No. 15-0453/AR. U.S. v. Deshawn A. Foifua. CCA 20131025.

 

Interlocutory Orders

 

No. 15-0451/NA. U.S. v. Marc A. Seals. CCA 201300367. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 20, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 30, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0450/MC. U.S. v. Geffred E. Gatlin. CCA 201400291.

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

 

Petitions for Grant of Review Denied

 

No. 15-0145/AF. U.S. v. Jonathan D. Williams. CCA 38255.

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

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

No. 15-0353/NA. U.S. v. Jason J. Carchio. CCA 201400117.

No. 15-0394/AR. U.S. v. Aaron M. Hill. CCA 20140635.

 

Appeals Summary Dispositions

No. 14-0033/AF. U.S. v. Anthony L.W. Peacock. CCA 38043. On consideration of the granted issue, 73 M.J. 230 (C.A.A.F. 2014), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Peacock, No. 38043 (A.F. Ct. Crim. App. Apr. 26, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

No. 14-0060/AF. U.S. v. Jeremy J. Grawey. CCA S32029. On consideration of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Grawey, No. S32029 (A.F. Ct. Crim. App. Jul. 22, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

No. 14-0125/AF. U.S. v. Danny L. Annis. CCA 38001. On consideration of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Annis, No. 38001 (A.F. Ct. Crim. App. Aug. 19, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

No. 14-0138/AF. U.S. v. Danny M. Burns. CCA 37847. On consideration of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Burns, No. 37847 (A.F. Ct. Crim. App. Jul. 24, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

No. 14-0156/AF. U.S. v. Devon P. Johnson. CCA S32047. On consideration of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Johnson, No. S32047 (A.F. Ct. Crim. App. Sep. 4, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

No. 14-0157/AF. U.S. v. Alphonso K. Dixon. CCA S32061. On consideration of the granted issue, 73 M.J. 138 (C.A.A.F. 2013), and the judgment of the United States Air Force Court of Criminal Appeals, United States v. Dixon, No. S32061 (A.F. Ct. Crim. App. Sep. 4, 2013), we conclude that the appointment of Laurence Soybel as an appellate military judge was unconstitutional and fundamentally deficient, and that therefore the issue of his participation on the panel was not waived by a failure to object. See United States v. Jones, 74 M.J. ___ (C.A.A.F. 2015). Therefore, it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is reversed, and the record is returned to the Judge Advocate General of the Air Force for remand to the Court of Criminal Appeals for a new review under Article 66, Uniform Code of Military Justice, 10 U.S.C. 866 (2012), before a properly constituted panel of that court.

Mandates Issued

 

No. 14-0057/AF. U.S. v. William R. Jones. CCA 38028.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 27, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0447/AR. U.S. v. Bryan S. McMullen. CCA 20130860.

No. 15-0448/AR. U.S. v. Terance L. Smith. CCA 20140741.

No. 15-0449/MC. U.S. v. Travis L. Cook. CCA 201400247.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 26, 2015

 

Petitions for Grant of Review Filed

 

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

No. 15-0439/AR. U.S. v. Alan C. Simmons. CCA 20120711.

No. 15-0440/AF. U.S. v. Robert L. Andersen, Jr. CCA 38466.

No. 15-0441/AR. U.S. v. Damon L. Crawford. CCA 20130976.

No. 15-0442/AR. U.S. v. Curtis V. Hanson. CCA 20140615.

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

No. 15-0444/AF. U.S. v. John D. Gatwood. CCA S32226.

No. 15-0445/AF. U.S. v. Dane A. Horan. CCA S32232.

No. 15-0446/AF. U.S. v. Nicolas L. Garcia. CCA S32227.

 

Petitions for Grant of Review Denied

 

No. 14-0010/AF. U.S. v. Rafael Verdejo-Ruiz. CCA 37957.

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

No. 15-0268/AF. U.S. v. Robert A. Hudson. CCA S32167.

No. 15-0382/AF. U.S. v. Jessica M. Combs. CCA S32216.

No. 15-0393/AR. U.S. v. James R. Lawson. CCA 20130317.

 

Interlocutory Orders

 

No. 15-0029/AR. U.S. v. Levi A. Keefauver. CCA 20121026. On consideration of the motions filed by John Pray, Esq., and Steven Wright, Esq., University of Wisconsin Law School, to appear pro hac vice, to allow appearances of law students, to appear as Amici Curiae, and to submit oral argument, said motions are granted. Amici Curiae will be allotted 10 minutes for each side to present oral argument, with not more than one student from each side arguing.

 

No. 15-0225/AR. U.S. v. Neftaly Platero. CCA 20120620. Appellant's fourth motion to extend time to file the supplement to the petition for grant of review is granted to April 24, 2015.

 

No. 15-0437/AR. U.S. v. Tyrone D. Pulse. CCA 20121021. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to April 14, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 25, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0433/AR. U.S. v. Daniel D. Rude. CCA 20120139.

No. 15-0434/AR. U.S. v. Rocio M. Han. CCA 20140277.

No. 15-0435/AR. U.S. v. Gavin G. Taylor. CCA 20140520.

No. 15-0436/AR. U.S. v. Christopher W. Thorn. CCA 20130882.

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

 

Petitions for Grant of Review Denied

 

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

No. 15-0391/AR. U.S. v. Luis R. Corral. CCA 20121031.

 

Petitions for Grant of Review - Summary Dispositions

No. 15-0291/NA. U.S. v. Kevin P. Shippee. CCA 860285. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Military Review, it is ordered that said petition is hereby dismissed.

Appeals Summary Dispositions

No. 15-0289/AF. U.S. v. Roy A. Bowser. CCA 2014-08. On consideration of the certificate for review (74 M.J. __ (C.A.A.F. Jan. 5, 2015)), and the briefs of the parties and amicus curiae, we conclude that the military judge did not abuse his discretion in dismissing all charges and specifications with prejudice following the Government's refusal to comply with the military judge's order to produce trial counsel's witness interview notes for an in camera inspection. "[A] judge is ultimately responsible for the control of his or her court and the trial proceedings," and "[p]roper case management during a trial, necessary for the protection of an accused's due process rights and the effective administration of justice, is encompassed within that responsibility." United States v. Vargas, 74 M.J. 1, 8 (C.A.A.F. 2014). Because a judge has broad discretion and a range of choices in crafting a remedy to cure discovery violations and ensure a fair trial, this Court will not reverse so long as his or her decision remains within that range. See United States v. Douglas, 68 M.J. 349, 354 (C.A.A.F. 2010); United States v. Gore, 60 M.J. 178, 187 (C.A.A.F. 2004). In this case, the military judge's decision, as affirmed by the Court of Criminal Appeals, was within that range. Accordingly, it is ordered that the certified questions are answered in the negative, and the decision of the United States Air Force Court of Criminal Appeals is affirmed.

Orders Granting Petition for Review

No. 15-0377/NA. U.S. v. Nestor L. Suazo-Lopez. CCA 201300463. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

THE CONVENING AUTHORITY ISSUED AN INSTRUCTION THAT LIMITED COURT-MARTIAL MEMBERS NOMINATIONS TO PERSONNEL IN PAY-GRADES OF E-6 AND ABOVE. THE LOWER COURT ASSUMED THIS SYSTEMATIC EXCLUSION OF PERSONNEL WAS ERROR, BUT HARMLESS. SHOULD THIS COURT SET ASIDE APPELLANT'S CONVICTIONS PURSUANT TO UNITED STATES v. KIRKLAND DUE TO THE UNRESOLVED APPEARANCE OF UNFAIRNESS?

No briefs will be filed under Rule 25.

Interlocutory Orders

 

No. 14-0010/AF. United States v. Rafael Verdejo-Ruiz. CCA 37957. On consideration of Appellant's motion to attach documents and motion for leave to file an additional supplement to the petition pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motions are hereby denied.

 

No. 15-0011/AF. United States v. Joshua K. Plant. CCA 38274. On consideration of the motions filed by Scott C. Idleman, Esq., Marquette University Law School, to allow the appearance of a law student, to appear as Amicus Curiae, and to submit oral argument, it is ordered that said motions are hereby granted. Amicus Curiae will be allotted 10 minutes to present oral argument.

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellant's second motion to extend time to file a brief is hereby granted to April 24, 2015.

 

No. 15-0268/AF. U.S. v. Robert A. Hudson. CCA S32167. Appellant's motion to supplement the record is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 24, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0432/AF. U.S. v. Jerel K. Gabriel. CCA 38459.

 

Petitions for Grant of Review Denied

 

No. 15-0204/AF. U.S. v. Melvin E. Stanton, Jr. CCA 38385.

No. 15-0388/AR. U.S. v. Arthur J. Garry, Jr. CCA 20130983.

 

Interlocutory Orders

 

No. 15-0427/MC. U.S. v. Brian K. Parker. CCA 201400066. Appellant's motion to extend time to file the supplement to the petition for for grant of review granted to April 13, 2015.

 

No. 15-0428/MC. U.S. v. Patrick Ezel. CCA 201400093. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 13, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 23, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0427/MC. U.S. v. Brian K. Parker. CCA 201400066.

No. 15-0428/MC. U.S. v. Patrick Ezel. CCA 201400093.

No. 15-0429/AR. U.S. v. Kenneth E. Gibbs. CCA 20140456.

No. 15-0430/AR. U.S. v. Clinton W. Davidson. CCA 20130097.

No. 15-0431/AR. U.S. v. Adam R. Shook. CCA 20140011.

 

Petitions for Grant of Review Denied

 

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

No. 15-0274/AR. U.S. v. Marcus Freeney. CCA 20130655.

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

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

No. 15-0362/MC. U.S. v. Antonio M. Castellano. CCA 201100248.

No. 15-0364/MC. U.S. v. Ryan C. Politz. CCA 201400305.

No. 15-0378/AR. U.S. v. Thomas A. Bousman. CCA 20140781.

No. 15-0379/AR. U.S. v. Dakota L. Campbell. CCA 20140505.

No. 15-0381/MC. U.S. v. Stephen M. Box. CCA 201400147.

 

Orders Granting Petition for Review

No. 15-0294/AR. U.S. v. Christopher S. Schloff. CCA 20140708. On consideration of the petition for grant of 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, it is ordered that said petition is hereby granted on the following issue:

WHETHER THE ARMY COURT ERRED IN EXPANDING THE DEFINITION OF A "SEXUAL CONTACT" TO A TOUCH ACCOMPLISHED BY AN OBJECT CONTRARY TO THE PLAIN LANGUAGE OF ARTICLE 120(G)(2).

In accordance with Rule 19(a)(7)(A), briefs will not be filed.

No. 15-0315/AR. U.S. v. Michael F. Stellato. CCA 20140453. On consideration of the petition for grant of 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, it is ordered that said petition is hereby granted on the following issues:

I. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED AS A MATTER OF LAW IN CONCLUDING THERE WAS NO DISCOVERY VIOLATION AND REVERSING THE MILITARY JUDGE'S REMEDY OF DISMISSAL.

II. WHETHER THE ARMY COURT OF CRIMINAL APPEAL APPLIED AN ERRONEOUS VIEW OF THE LAW IN REQUIRING THE MILITARY JUDGE TO FIND "WILLFUL IGNORANCE, WILLFUL SUPPRESSION, OR OTHER MISCONDUCT" AS A CONDITION PRECEDENT FOR DISMISSAL WITH PREJUDICE FOR DISCOVERY VIOLATIONS.

In accordance with Rule 19(a)(7)(A), briefs will not be filed.

Interlocutory Orders

 

No. 15-0204/AF. U.S. v. Melvin E. Stanton, Jr. CCA 38385. Appellant's motion to supplement the record is granted.

 

No. 15-0377/NA. U.S. v. Nestor L. Suazo-Lopez. CCA 201300463. On consideration of the motions to supplement the record, and Appellant's motions to disqualify Colonel Jamison as government counsel and motion to appoint a special master to develop relevant facts, it is ordered that said motions to supplement the record are hereby granted, and said motion to disqualify Colonel Jamison as counsel and motion to appoint a special master to develop relevant facts are hereby denied.

 

No. 15-0403/AR. Armand Andreozzi, Petitioner v. United States, Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, and Petitioner's motion for an appointment of counsel, it is ordered that said motion is hereby denied, and said petition is hereby dismissed for lack of jurisdiction.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 20, 2015

 

Petitions for Grant of Review Filed

 

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

No. 15-0426/AR. U.S. v. Richard A. Gifford. CCA 20120545.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 19, 2015

 

Petitions for Grant of Review Filed

 

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

No. 15-0424/AR. U.S. v. Recco G. Rowe. CCA 20130495.

 

Petitions for Grant of Review Denied

 

No. 15-0231/AR. U.S. v. Ryan J. Offutt. CCA 20120804.

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

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

No. 15-0373/AR. U.S. v. Michael A. Hoss. CCA 20120086.

No. 15-0375/AR. U.S. v. Warren L. Lawrence. CCA 20130678.

No. 15-0376/AR. U.S. v. Gregory A. Rice. CCA 20100678.

 

Orders Granting Petition for Review

No. 15-0087/MC. U.S. v. Carlton Wilder, Jr. CCA 201400118. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue specified by the Court:

WHETHER THE PROMULGATION OF RCM 707 ABROGATED THE "SUBSTANTIAL INFORMATION" RULE ORIGINATED IN UNITED STATES v. JOHNSON, 23 C.M.A. 91, 48 C.M.R. 599 (1974).

 

Briefs will be filed under Rule 25.

No. 15-0334/MC. U.S. v. Quantaus R. Riggins. CCA 201400046. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

WHETHER THE LOWER COURT ERRED IN DECIDING A QUESTION OF LAW WHICH HAS NOT BEEN, BUT SHOULD BE, SETTLED BY THIS COURT WHEN IT HELD THAT ASSAULT CONSUMMATED BY BATTERY WAS A LESSER INCLUDED OFFENSE TO ABUSIVE SEXUAL CONTACT AND SEXUAL ASSAULT.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0289/AF. U.S. v. Roy A. Bowser. CCA 2014-08. On consideration of the motions filed by Captain Kelly J. Adams, Special Victims' Counsel, Air Force Legal Operations Agency, for leave to participate as Amicus Curiae, for leave to submit a corrected brief on behalf of Amicus Curiae, and for leave to file a corrected motion for leave to participate as Amicus Curiae, and Appellee's motion in support of Amicus Curiae, it is ordered that said motions are hereby granted.

 

No. 15-0294/AR. U.S. v. Christopher S. Schloff. CCA 20140708. On consideration of the motions filed by Captain Vietlong T. Nguyen, Special Victim Counsel, for leave to file an Amicus brief, to participate in the hearings, and to appear pro hac vice, it is ordered that said motions for leave to file an Amicus brief and to appear pro hac vice are hereby granted, and said motion to participate in the hearing is hereby denied.

 

No. 15-0361/MC. U.S. v. Matthew Hoffmann. CCA 201400067. On consideration of Appellant's third motion to extend time to file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted, up to and including March 24, 2015, and no further extension of time will be granted in this case.

 

No. 15-0395/AR. U.S. v. Jefferey M. Fiorito. CCA 20080535. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 2, 2015.

 

No. 15-0398/AR. U.S. v. Maurice McCormick, Jr. CCA 20120029. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 2, 2015.

 

No. 15-0423/AR. U.S. v. Todd H.F. Knight. CCA 20121152. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 8, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 18, 2015

 

Petitions for Grant of Review Denied

 

No. 15-0223/AR. U.S. v. Justin R. Crowell. CCA 20120184.

No. 15-0242/AR. U.S. v. Luther L. Porter. CCA 20110470.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 17, 2015

 

Hearings

 

No. 14-0754/AF. U.S. v. Kirkland C. Nettles. CCA 38336.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 16, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0422/AR. U.S. v. Chad A. Sherman. CCA 20130371.

 

Petitions for Grant of Review Denied

 

No. 13-0444/MC. U.S. v. Steven W. Myrick. CCA 201200404.

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

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

No. 15-0177/AR. U.S. v. Brian S. Price. CCA 20130148.

No. 15-0217/AR. U.S. v. Eric L. Newton II. CCA 20130890.

No. 15-0230/NA. U.S. v. Titus R. Mayo, Jr. CCA 201400107.

No. 15-0270/AR. U.S. v. Kimberly E. Rivera. CCA 20130397.

No. 15-0366/AR. U.S. v. Cory A. Stellmach. CCA 20140485.

No. 15-0404/AR. U.S. v. Michael A. Nicks. CCA 20110658.

 

Interlocutory Orders

 

No. 15-0322/AR. U.S. v. Lucas A. Coulter. CCA 20140041. On consideration of Appellant's motion to file the supplement to the petition for grant of review out of time, it is ordered that said motion is hereby denied.

 

No. 15-0369/MC. Raymion E. Richards, Appellant v. United States, Appellee. On consideration of the writ-appeal petition, Appellee's motion to substitute the United States for the named Appellees, and Appellant's motion to expedite the stay of proceedings pending this Court's resolution of the writ-appeal petition, it is ordered that Appellee's motion to substitute the United States for the named Appellees is hereby granted, that said writ-appeal petition is hereby denied without prejudice to Appellant's right to raise the issues asserted during the course of normal appellate review, and Appellant's motion to expedite the stay of proceedings pending this Court's resolution of the writ-appeal petition is hereby denied as moot.

 

Mandates Issued

 

No. 14-0415/AR. United States v. William E. Newton, Jr. CCA 20110499.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, March 13, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0417/AR. U.S. v. Vaughan W. Connely. CCA 20130399.

No. 15-0418/AR. U.S. v. Nikolas S. Varney. CCA 20130652.

No. 15-0419/AR. U.S. v. Chandler W. Dean. CCA 20140058.

No. 15-0420/AR. U.S. v. Eric A. Mead. CCA 20110375.

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

 

Interlocutory Orders

 

No. 15-0315/AR. U.S. v. Michael F. Stellato. CCA 20140453. On consideration of Appellee's motion for leave to exceed word limit and to amend, it is ordered that said motion is hereby denied. Appellee will file an answer that complies with Rule 21(b) on or before March 20, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, March 12, 2015

 

Petitions for Grant of Review Filed

 

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

No. 15-0416/AR. U.S. v. Marquinta E. Jacobs. CCA 20140005.

 

Petitions for Grant of Review Denied

 

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

No. 15-0160/AF. U.S. v. Christopher S. Lammens. CCA 38185.

No. 15-0171/AR. U.S. v. Taylor J. Crawford. CCA 20120527.

No. 15-0197/AR. U.S. v. Ruben A. Valle. CCA 20130593.

No. 15-0208/AR. U.S. v. Luis M. Rodriguez. CCA 20130772.

No. 15-0218/AR. U.S. v. Riley C. Rose. CCA 20130068.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 11, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0414/AR. U.S. v. Timothy J. Garcia. CCA 20110432.

 

Petitions for Grant of Review Denied

 

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

No. 14-0063/AF. U.S. v. Jacinta-Marie R. Tompkins. CCA 37627.

No. 15-0167/AR. U.S. v. Antonio N. Heyward. CCA 20120469.

No. 15-0174/AF. U.S. v. Michael D. Wence. CCA S32162.

No. 15-0211/AR. U.S. v. Steven D. Mahone. CCA 20130542.

No. 15-0263/AR. U.S. v. Bobby R. Riffle. CCA 20130653.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 10, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0410/AR. U.S. v. Marvin N. Jones. CCA 20140598.

No. 15-0411/AR. U.S. v. Jeremy M. Westbrook. CCA 20120369.

No. 15-0412/AR. U.S. v. Ambrosio C. Aragon. CCA 20140588.

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

 

Petitions for Grant of Review Denied

 

No. 15-0158/AR. U.S. v. Juanicia A. Williams. CCA 20120848.

No. 15-0229/AR. U.S. v. Blake D. Brown. CCA 20131068.

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

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

 

Interlocutory Orders

 

No. 15-0347/MC. U.S. v. Christopher A. Quick. CCA 201300341. On consideration of the motion to substitute a corrected joint appendix, it is ordered that said motion is hereby granted.

 

No. 15-0371/NA. U.S. v. Kevin C. Corcoran. CCA 201400074. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted to March 30, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 9, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0405/AF. U.S. v. Brock A. Boren. CCA S32206.

No. 15-0406/AR. U.S. v. Ivan O. Sherren. CCA 20140474.

No. 15-0407/AR. U.S. v. Dustin W. H. Moore. CCA 20120517.

No. 15-0408/AR. U.S. v. Ian C. Andrewjeski. CCA 20140540.

No. 15-0409/AR. U.S. v. Jonathan D. Wilkinson. CCA 20140257.

 

Petitions for Grant of Review Denied

 

No. 15-0234/AF. U.S. v. Deandrea D. Atwater. CCA 38425.

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

No. 15-0355/AF. U.S. v. Christopher W. Dalton. CCA 38463.

No. 15-0356/AF. U.S. v. Phillip A. Williams. CCA 38406.

No. 15-0358/AR. U.S. v. Andrew Gasiorowski. CCA 20131057.

No. 15-0360/MC. U.S. v. Kelvin L. Zimmerman. CCA 201300350.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, March 4, 2015

 

Petitions for Grant of Review Denied

 

No. 15-0035/AR. U.S. v. Cory R. Land. CCA 20120577.

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

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

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

No. 15-0152/AR. U.S. v. Billy W. Cooper. CCA 20130506.

No. 15-0185/AR. U.S. v. Michael G. Zent. CCA 20130656.

No. 15-0196/AF. U.S. v. Dustin S. Purdy. CCA 38350.

No. 15-0209/AF. U.S. v. Logan B. Carr. CCA 38025.

No. 15-0249/AF. U.S. v. Bruce L. Broughton. CCA S32156.

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

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

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

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

No. 15-0352/AR. U.S. v. Jiovanny Leon. CCA 20120685.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, March 3, 2015

 

Petitions for Grant of Review Filed

 

No. 15-0399/AR. U.S. v. Joe F. Garcia, Jr. CCA 20121174.

No. 15-0400/AR. U.S. v. Arfel J. Bautista. CCA 20140365.

No. 15-0401/AR. U.S. v. Charles R. Carmen III. CCA 20130329.

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

No. 15-0404/AR. U.S. v. Michael A. Nicks. CCA 20110658.

 

Petitions for Grant of Review Denied

 

No. 14-0011/AF. U.S. v. Kendall Norman II. CCA 37945.

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

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

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

No. 15-0115/AR. U.S. v. Andre L. Sample. CCA 20140114.

No. 15-0164/AR. U.S. v. Steven D. Pope, Jr. CCA 20140034.

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

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

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

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. 15-0342/AR. U.S. v. Paul J. Floyd. CCA 20131059.

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

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

 

Miscellaneous Docket - Filings

 

No. 15-0403/AR. Armand Andreozzi, Petitioner v. United States, Respondent. 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.

Orders Granting Petition for Review

No. 15-0186/CG. U.S. v. Michael E. Sullivan. CCA 001-69-13. 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 issues:

I. WHETHER THE GOVERNMENT CARRIED ITS BURDEN OF PROVING THAT THE CONVENING AUTHORITY'S CATEGORICAL EXCLUSION OF ALL FLAG OFFICERS WAS HARMLESS.

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING CHALLENGES FROM BOTH PARTIES TO HIS IMPARTIALITY BASED ON PRIOR PERSONAL RELATIONSHIPS WITH INDIVIDUAL MILITARY COUNSEL, THE ACCUSED, TRIAL COUNSEL, SEVERAL MEMBERS, SEVERAL WITNESSES, AND THE STAFF JUDGE ADVOCATE.

Briefs will be filed under Rule 25.

Interlocutory Orders

 

No. 15-0361/MC. U.S. v. Matthew Hoffmann. CCA 201400067. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to March 17, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, March 2, 2015

 

Interlocutory Orders

 

No. 14-0767/AR. U.S. v. Brian A. Murphy. CCA 20120556. Appellant's motion for leave to file a brief out of time is granted.

 

No. 15-0396/AF. U.S. v. Allen R. Henderson. CCA 38379. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 19, 2015.

 

No. 15-0397/AR. U.S. v. Fatimah H. Diaab-Powell. CCA 20130846. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 19, 2015.

 

No. 15-0398/AR. U.S. v. Maurice McCormick, Jr. CCA 20120029. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 19, 2015.

 

Mandates Issued

 

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



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