UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 29, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0493/AF. U.S. v. Kyle P. Moody. CCA S32300.

No. 16-0494/AF. U.S. v. Lawrence D. Williams, Jr. CCA 38677.

No. 16-0495/AR. U.S. v. Courtney J. Labeause. CCA 20140814.

No. 16-0496/AR. U.S. v. Lawan D. Williams. CCA 20150258.

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379.

No. 16-0498/AR. U.S. v. Alan A. Galeana. CCA 20140799.

No. 16-0499/AR. U.S. v. Michael J. Moody. CCA 20121083.

 

Petitions for Grant of Review Denied

 

No. 16-0397/AR. U.S. v. Dustin L. Clay. CCA 20150680.

No. 16-0417/AF. U.S. v. Noble D. Duenas. CCA S32278.

No. 16-0420/AR. U.S. v. William E. Gorham, Jr. CCA 20150343.

No. 16-0421/AF. U.S. v. Glenn D. Marcy, Jr. CCA 38715.

No. 16-0422/AF. U.S. v. Matthew L. Lee. CCA 38703.

No. 16-0425/AR. U.S. v. Nathaniel E. Ulroan. CCA 20140916.

 

Certificates for Review Filed

 

No. 16-0500/AF. U.S. v. Justin L. Fetrow. CCA 38631. Notice is hereby given that a certificate for review of the decision of the United States Air Force Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

 

I. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS COMMITTED LEGAL ERROR WHEN IT FOUND THAT IN ORDER FOR CONDUCT TO CONSTITUTE CHILD MOLESTATION UNDER MIL. R. EVID. 414, THE CONDUCT MUST HAVE BEEN AN OFFENSE UNDER THE UCMJ, OR FEDERAL OR STATE LAW, AT THE TIME IT WAS COMMITTED AND, IF OFFERED UNDER MIL. R. EVID. 414(d)(2)(A)-(C), THAT THE CONDUCT MUST MEET THE DEFINITION OF AN OFFENSE LISTED UNDER THE VERSION OF THE APPLICABLE ENUMERATED STATUTE IN EFFECT ON THE DAY OF TRIAL.

 

II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS COMMITTED LEGAL ERROR WHEN IT FOUND THAT THE ERRONEOUS ADMISSION OF TWO ACTS OF INDECENT LIBERTIES COMMITTED BY APPELLEE ON HIS CHILD AGE DAUGHTER HAD A SUBSTANTIAL INFLUENCE ON THE MEMBERS' VERDICT REQUIRING SET ASIDE OF THE FINDINGS AND SENTENCE.

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before the 31st day of May, 2016.

 

Interlocutory Orders

 

No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704. Appellant's motion to extend time to file the supplement to the petition for grant of review granted, up to and including May 17, 2016.

 

No. 16-0494/AF. U.S. v. Lawrence D. Williams, Jr. CCA 38677. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 19, 2016.

 

Petitions for Reconsideration Denied

 

No. 16-0174/MC. U.S. v. Nathaniel L. Cosby. CCA 201400318. On consideration of Appellant's petition for reconsideration of the Court's order issued on February 10, 2016, it is ordered that said petition for reconsideration be, and the same is, hereby denied.

 

Mandates Issued

 

No. 16-0054/AF. U.S. v. Gavin B. Atchak. CCA 38526.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 28, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0491/AR. U.S. v. Seivirak Inson. CCA 20130557.

No. 16-0492/AR. U.S. v. Jason R. Crews. CCA 20130766.

 

Petitions for Grant of Review Denied

 

No. 16-0434/AR. U.S. v. Marquis B. Hawkins. CCA 20150833. On consideration of Appellant's 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 (2012), it is ordered that said petition is hereby denied.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0430/AF. U.S. v. David Juillerat. CCA 34205. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 16-0490/MC. U.S. v. Jonathan A. Lopez. CCA 201400289. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 27, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0487/AR. U.S. v. Mario I. Lopez. CCA 20140973.

No. 16-0488/AR. U.S. v. Christopher L. Ponce. CCA 20140556.

No. 16-0489/AR. U.S. v. Thomas J. Brewster. CCA 20150019.

No. 16-0490/MC. U.S. v. Jonathan A. Lopez. CCA 201400289.

 

Petitions for Grant of Review Denied

 

No. 16-0346/AF. U.S. v. Jefferson R. McFadden. CCA 38597.

No. 16-0372/AF. U.S. v. Cory J. Calhoun. CCA 38689.

No. 16-0414/AR. U.S. v. Carlos J. Flores. CCA 20140335.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0431/NA. U.S. v. Daryl L. Scott. CCA 200200891. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby denied.

 

Interlocutory Orders

 

No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 16, 2016.

 

No. 16-0485/AR. U.S. v. Samuel J. Chance. CCA 20140072. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 16, 2016.

 

Hearings

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 26, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0485/AR. U.S. v. Samuel J. Chance. CCA 20140072.

No. 16-0486/AR. U.S. v. Remigio D. Lagman. CCA 20150718.

 

Petitions for Grant of Review Denied

 

No. 16-0285/AR. U.S. v. Larry G. Piper II. CCA 20150196.

No. 16-0370/AR. U.S. v. Morgan D. Rippy. CCA 20150493.

No. 16-0382/AR. U.S. v. Timothy M. Tetreault. CCA 20150203.

No. 16-0406/AR. U.S. v. Joe R. Gil. CCA 20140938.

No. 16-0409/AF. U.S. v. James A. Moise. CCA S32354.

No. 16-0410/AR. U.S. v. Ramon L. Pantojas, Jr. CCA 20150240.

No. 16-0415/AR. U.S. v. Louis C. Smith. CCA 20150374.

 

Petitions for Reconsideration Denied

 

No. 16-0026/AR. U.S. v. Antiwan M. Henning. CCA 20150410. On consideration of Appellee's petition for reconsideration of the Court's decision, 75 M.J. 187 (C.A.A.F. 2016), it is ordered that said petition for reconsideration be, and the same is, hereby denied.

 

Hearings

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 25, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481.

 

Interlocutory Orders

 

No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 12, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 22, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700.

No. 16-0483/AR. U.S. v. Nicole L. Gadson. CCA 20140373.

 

Interlocutory Orders

 

No. 16-0398/MC. EV, Appellant v. United States, Appellee and David A. Martinez, Real Party In Interest. On consideration of Appellant's motion for leave to file a motion to stay the proceedings, motion to stay the proceedings, and Appellee's motion to clarify the scope of representation, it is ordered that said motions are hereby granted, that the United States is substituted for the named Appellee, and that Appellee will file a brief on the specified issue on or before April 29, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 21, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0476/AR. U.S. v. Roy S. Tripp. CCA 20130683.

No. 16-0478/AR. U.S. v. Jason L. Tremblay. CCA 20140311.

No. 16-0479/MC. U.S. v. Patrick M. Conner. CCA 201500285.

No. 16-0480/AR. U.S. v. Rudy Nunez. CCA 20140896.

No. 16-0481/AR. U.S. v. Joseph D. Chase, Jr. CCA 20140170.

 

Miscellaneous Docket - Filings

 

No. 16-0477/AF. U.S. v. David Juillerat. CCA 34205. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals in the nature of error coram nobis was filed under Rule 27(b) on this date.

 

Appeal's Summary Dispositions

 

No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470. On further consideration of the granted issue, 75 M.J. 20 (C.A.A.F. 2016), and in light of United States v. Busch, 75 M.J. 87 (C.A.A.F. 2016), it is ordered that the decision of the United States Air Force Court of Criminal Appeals is hereby affirmed as to the findings but reversed as to the sentence. The record of trial is returned to the Judge Advocate General of the Air Force for remand to that court for further consideration in light of Busch.

 

Orders Granting Petition for Review

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. 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:

 

PROSECUTORS MUST ACT WITHIN THE BOUNDS OF PROPRIETY. HERE, IN FRONT OF MEMBERS, THE PROSECUTOR EXPRESSED HIS OPINION OF APPELLANT INCLUDING, "I THINK HE'S AN IDIOT," OPINED ON DEFENSE-FRIENDLY EVIDENCE, CHARACTERIZED APPELLANT'S STATEMENTS AS "RIDICULOUS," VOUCHED FOR GOVERNMENT-FRIENDLY EVIDENCE, DIAGNOSED APPELLANT AS SCHIZOPHRENIC, ASKED MEMBERS TO DISREGARD DEFENSE ARGUMENTS, AND TOLD MEMBERS THAT APPELLANT "SLEEPS IN A BED OF LIES." WAS THIS PLAIN ERROR?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0411/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of Appellant's motion for a stay of trial proceedings pending a decision on the Article 62 Appeal and motion for an expedited stay of trial proceedings pending a decision of the Article 62 Appeal, it is ordered that said motions are hereby denied.

 

No. 16-0472/AR. U.S. v. Shaun B. Marcus. CCA 20130795. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 9, 2016.

 

Petitions for Reconsideration Denied

 

No. 16-0413/AR. In re Christopher E. Strunk, Christopher B. Garvey, and Harold W. Van Allen, Petitioners. On consideration of the petition for reconsideration of this Court's order issued on March 24, 2016, it is ordered that said petition for reconsideration is hereby dismissed.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 20, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0473/AR. U.S. v. Michael B. Pleasant. CCA 20150125.

No. 16-0474/AF. U.S. v. Frankey L. Peterman II. CCA 38705.

No. 16-0475/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 19, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0373/AR. U.S. v. Marvin R. Mullings. CCA 20140079.

No. 16-0392/CG. U.S. v. Brian J. Green. CCA 1400.

No. 16-0394/AR. U.S. v. George B. Wakhungu. CCA 20150502.

No. 16-0395/AR. U.S. v. Adam L. Fowler. CCA 20150074.

No. 16-0399/CG. U.S. v. Benjamin L. Sylvester. CCA 1398.

No. 16-0402/AR. U.S. v. David M. Tompkins. CCA 20150198.

No. 16-0403/AR. U.S. v. Christopher R. Calma. CCA 20150084.

No. 16-0404/CG. U.S. v. Osvaldo Ortega. CCA 1395.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0334/AR. U.S. v. Hunter J. Israel. CCA 20131054. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is noted that the court below acted on the findings and reassessed the sentence, but did not expressly act to affirm or set aside the sentence. This has resulted in having a case before us for review that does not have a complete decision on the findings and the sentence by the Court of Criminal Appeals. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867(c) (2012), this Court can only act with respect to the findings and sentence as affirmed or set aside by a court of criminal appeals. If the action on the sentence is ambiguous, the appropriate remedy is a remand for clarification. Accordingly, it is ordered that the record of trial is returned to the Judge Advocate General of the Army for remand to the United States Army Court of Criminal Appeals for clarification of the affirmed sentence.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 18, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0469/AR. U.S. v. Mitchell A. Brown. CCA 20150512.

No. 16-0470/AR. U.S. v. Gary J. Eloi. CCA 20150382.

No. 16-0471/MC. U.S. v. Jeffery T. Brown, Jr. CCA 201500355.

No. 16-0472/AR. U.S. v. Shaun B. Marcus. CCA 20130795.

 

Appeal's Summary Dispositions

 

No. 16-0238/AR. U.S. v. Christopher L. Goffe. CCA 20120201. On consideration of the granted issue, __M.J.__ (Daily Journal January 21, 2016), the briefs of the parties, and in view of United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016), it is ordered that the decision of the United States Army Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 16-0411/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to May 9, 2016.

 

No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962. 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 May 9, 2016, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 4, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 15, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0462/AR. U.S. v. Matthew S. Noerr. CCA 20150433.

No. 16-0463/AR. U.S. v. Franklin M. Ferguson. CCA 20140545.

No. 16-0464/AR. U.S. v. Jonathan D. Perez. CCA 20140117.

No. 16-0465/AR. U.S. v. Louis H. Houston III. CCA 20140752.

No. 16-0466/AR. U.S. v. Kwami C. Cledoe. CCA 20140331.

No. 16-0467/AR. U.S. v. Carlos Salazar. CCA 20130639.

No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 14, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0460/AR. U.S. v. James P. Houlahan. CCA 20140810.

No. 16-0461/MC. U.S. v. Jerry G. Parker. CCA 201500158.

 

Petitions for Grant of Review Denied

 

No. 16-0311/AF. U.S. v. Steven S. Morita. CCA 37838.

No. 16-0319/AR. U.S. v. Ishmael A. Wilkerson. CCA 20130583.

No. 16-0341/AR. U.S. v. Mario A. Gordillo. CCA 20140669.

No. 16-0344/AR. U.S. v. William H. Ruth III. CCA 20140568.

No. 16-0386/AR. U.S. v. Corey E. Battle. CCA 20140625.

No. 16-0390/AF. U.S. v. Stephanie E. Frick. CCA 38642.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 13, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623.

No. 16-0459/AF. U.S. v. Michael W. Gould, Jr. CCA S32275.

 

Interlocutory Orders

 

No. 16-0416/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted up to and including April 29, 2016.

 

No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 2, 2016.

 

No. 16-0456/NA. U.S. v. James C. Guin. CCA 201500062. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to May 2, 2016.

 

Miscellaneous Docket Orders

 

No. 16-0398/MC. EV, Appellant v. E.H Robinson, Military Judge, Appellee, and David A. Martinez, Real Party in Interest. Upon consideration of the writ-appeal petition of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, the motion of Protect Our Defenders to file a brief in support of the writ-appeal petition as amicus curiae, and the motion for a stay of trial proceedings, it is ordered:

 

That the motion of Protect Our Defenders to file a brief in support of the writ-appeal petition as amicus curiae is granted;

 

That oral argument will be held on May 11, 2016, following the hearing in Howell v. United States, on the following three assigned issues:

 

I. WHETHER THE NMCCA ERRED BY ERRONEOUSLY DENYING EV'S PETITION FOR A WRIT OF MANDAMUS DESPITE EV'S CLEAR AND INDISPUTABLE RIGHT TO THE ISSUANCE OF A WRIT.

 

II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY ERRONEOUSLY RULING THE DEFENSE SATISFIED EACH PRONG OF MIL. R. EVID. 513(e)(3) AND BY RULING THAT MIL. R. EVID. 513(d)(5) APPLIED.

 

III. WHETHER THE MILITARY JUDGE VIOLATED EV'S ARTICLE 6b RIGHTS BY ERRONEOUSLY APPLYING IMPERMISSIBLE EXCEPTIONS AND DENYING EV A RIGHT TO RECEIVE NOTICE AND TO BE HEARD.

 

That oral argument will also be held on the following specified issue:

 

IV. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS STATUTORY AUTHORITY TO EXERCISE JURISDICTION OVER DECISIONS OF THE COURTS OF CRIMINAL APPEALS RENDERED PURSUANT TO ARTICLE 6b, UCMJ.

 

That Appellant will file a brief on the specified issue within 5 days of the date of this Order. Appellee and the Real Party in Interest will file answers within 5 days of the filing of Appellant's brief. Appellant may file a reply within 2 days of the filing of the said answers;

 

That the motion for a stay of trial proceedings, incorporated in the writ-appeal petition, is denied because Rule 30(d), Rules of Practice and Procedure, prohibits a motion from being incorporated in any other pleading.

 

No. 16-0398/MC. EV, Appellant v. E.H Robinson, Military Judge, Appellee, and David A. Martinez, Real Party in Interest. Appellant's motions for leave to file a motion to append the writ-appeal with a table of contents and table of authority and to append the writ-appeal with a table of contents and table of authority are granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 12, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0291/MC. U.S. v. Michael A. Williams. CCA 201500069.

No. 16-0383/AR. U.S. v. Rick A. Martinez. CCA 20150653.

 

Orders Granting Petition for Review

 

No. 16-0360/AR. U.S. v. Todd D. Sewell. CCA 20130460. Appellant's petition for grant of review of the decision of the United States Army Court of Criminal Appeals is granted on the following issue personally asserted by the Appellant:

 

WHETHER THE TRIAL COUNSEL COMMITTED PROSECUTORIAL MISCONDUCT BY MAKING IMPROPER ARGUMENT ON THE FINDINGS.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 11, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0453/AR. U.S. v. Scott T. Schempp. CCA 20140313.

No. 16-0454/AR. U.S. v. Christian W. Hollinsworth. CCA 20140513.

No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.

No. 16-0456/NA. U.S. v. James C. Guin. CCA 201500062.

No. 16-0457/MC. U.S. v. Thomas J. Pober. CCA 201500287.

 

Petitions for Grant of Review Denied

 

No. 16-0298/AR. U.S. v. Mark H. Hollingsworth. CCA 20130731.

No. 16-0305/NA. U.S. v. O'Garry L. Clarke. CCA 201400416.

No. 16-0318/AR. U.S. v. David J. Fox. CCA 20150443.

No. 16-0324/AR. U.S. v. Jeremiah D. Austin. CCA 20150037.

No. 16-0375/AR. U.S. v. Chad A. Bettencourt. CCA 20140284.

No. 16-0378/AR. U.S. v. Alessandro G. Facciponti. CCA 20140933.

No. 16-0379/AR. U.S. v. Kenneth A.R. Pinkela. CCA 20120649.

No. 16-0380/AR. U.S. v. Christopher H. Mason. CCA 20150346.

No. 16-0387/AF. U.S. v. Jesse A.J. Lobalbo. CCA S32306.

No. 16-0388/AR. U.S. v. Kevin Resto. CCA 20150401.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0381/AR. U.S. v. Tequan R. Bowman. CCA 20130707. The petition for grant of review of the decision of the United States Army Court of Criminal Appeals is granted and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* It is directed that the promulgating order be changed to reflect that Appellant was sentenced to confinement for 9 months.

 

Interlocutory Orders

 

Nos. 16-0289/MC and 16-0367/MC. U.S. v. Stephen P. Howell. CCA 201200264. Appellant's motion to supplement the record is denied.

 

Notice of Recusal and Designation

 

Nos. 16-0289/MC and 16-0367/MC. U.S. v. Stephen P. Howell. CCA 201200264. Notice is hereby provided that Judge Margaret A. Ryan has recused herself from participation in the above-captioned case. At the request of Chief Judge Charles E. "Chip" Erdmann, Chief Justice John G. Roberts, Jr., has designated Senior Judge Royce C. Lamberth of the United States District Court for the District of Columbia to perform the duties of a Judge of the United States Court of Appeals for the Armed Forces in this case 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

Friday, April 8, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0445/AR. U.S. v. Antony Dang. CCA 20150555.

No. 16-0446/AR. U.S. v. Francisco M. Solorio. CCA 20140562.

No. 16-0447/AR. U.S. v. Jamie S. Dowse. CCA 20150172.

No. 16-0448/AR. U.S. v. Denzel C. James. CCA 20150055.

No. 16-0449/AR. U.S. v. O'Jay R. Woods, Jr. CCA 20150185.

No. 16-0450/AR. U.S. v. Timothy T. McLeod. CCA 20140296.

No. 16-0451/AR. U.S. v. Bobby J. Borkowski. CCA 20140609.

No. 16-0452/AR. U.S. v. Luis A. Ruizperez. CCA 20140762.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0444/MC. Jeremy D. Howard v. The National Security Agency. Notice is hereby given that a motion for complaint and affidavit were filed under Rule 27(a) on March 31, 2016, and placed on the docket this 8th day of April, 2016. Said motion is hereby dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. The motion filed by Hiram S. Sasser, Esq., to withdraw as counsel, is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 7, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0441/AF. U.S. v. Zachary R. Walker. CCA 38645.

No. 16-0442/MC. U.S. v. Victor A. Hurtado. CCA 201500051.

No. 16-0443/AF. U.S. v. Thomas J. Fry. CCA 38687.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 6, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0439/AR. U.S. v. Thomas J. Gendron. CCA 20150618.

No. 16-0440/AR. U.S. v. Tyler S. Hindley. CCA 20140186.

 

Interlocutory Orders

 

No. 16-0398/MC. E.V., Appellant v. E.H. Robinson, Jr. Lieutenant Colonel U.S. Marine Corps, Appellee and David A. Martinez, Real Party In Interest. On consideration of Appellant's motion to extend time to file a reply, it is ordered that said motion is granted to April 12, 2016.

 

No. 16-0436/AR. U.S. v. Brian N. Schwisow. CCA 20150720. Appellee's motion to extend time to file an answer granted to April 18, 2016.

 

No. 16-0438/NA. U.S. v. Renato M. Serrano. CCA 201500057. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 25, 2016.

 

Hearings

 

No. 15-0754/MC. U.S. v. Beau T. Martin. CCA 201400315.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 5, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0438/NA. U.S. v. Renato M. Serrano. CCA 201500057.

 

Hearings

 

No. 16-0007/AF. U.S. v. Calyx E. Harrell. CCA 38538.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 4, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0437/AF. U.S. v. Kevin C. Burkhead. CCA S32281.

 

Petitions for Grant of Review Denied

 

No. 16-0259/AF. U.S. v. Stanley H.R. Ewan. CCA 38588.

No. 16-0368/AF. U.S. v. Andrew L. Fairchild. CCA 38812.

 

Mandates Issued

 

No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 1, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0157/AR. U.S. v. James D. Hill. CCA 20120795.

No. 16-0349/AR. U.S. v. John T. Goetz. CCA 20130744.

 

Orders Granting Petition for Review

 

No. 16-0336/CG. U.S. v. Omar M. Gomez. CCA 1394. 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 MILITARY JUDGE ERRED BY PERMITTING TWO COMPLAINING WITNESSES TO TESTIFY ON SENTENCING THAT APPELLANT WAS RESPONSIBLE FOR THEIR PREGNANCY COMPLICATIONS WITH NO EVIDENCE CONNECTING HIS MISCONDUCT TO THE COMPLICATIONS.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0434/AR. U.S. v. Marquis B. Hawkins. CCA 20150833. Appellant's motion for a stay of proceedings is hereby denied.



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