UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 29, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0366/AR. U.S. v. Russell F. Rozen. CCA 20140479.

 

Petitions for Grant of Review Denied

 

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

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

No. 16-0266/AR. U.S. v. Larry D. Bartelle. CCA 20130420.

No. 16-0297/AF. U.S. v. Todd A. Hale. CCA 38707.

No. 16-0299/AR. U.S. v. Carling D. Colbert. CCA 20140344.

No. 16-0300/AR. U.S. v. Ricky L. Blue, Jr. CCA 20131091.

No. 16-0302/AR. U.S. v. Ricky L. Brown. CCA 20150553.

No. 16-0303/AF. U.S. v. Jarrid R. Gable. CCA 38612.

No. 16-0304/AR. U.S. v. Marcus A. Ponzo. CCA 20140018.

 

Certificates for Review Filed

 

No. 16-0367/MC. United States, Appellant/Cross-Appellee v. Stephen P. Howell, Appellee/Cross-Appellant. Notice is hereby given that a certificate of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 this date on the following issues:

 

WHETHER THE GOVERNMENT MAY INVOKE ARTICLE 66, UCMJ, AS THE JURISDICTIONAL BASIS FOR AN EXTRAORDINARY WRIT PURSUANT TO THE ALL WRITS ACT WHEN THE ISSUE IS NOT INCLUDED AS A BASIS FOR GOVERNMENT APPEAL UNDER ARTICLE 62, UCMJ?

 

WHETHER THE MILITARY JUDGE, IN FINDING AN ARTICLE 13, UCMJ, VIOLATION, EXCEEDED HIS AUTHORITY BY REJECTING APPLICABLE HOLDINGS OF THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT AND THE COURT OF FEDERAL CLAIMS, IN ORDER TO CONCLUDE THAT APPELLEE WAS ENTITLED TO PAY AT THE E-6 RATE PENDING HIS REHEARING?

 

WHETHER THE LOWER COURT ERRED BY CONCLUDING THAT THE SETTING ASIDE OF APPELLEE'S FINDINGS AND SENTENCE RENDERED HIS REDUCTION TO PAY GRADE E-1 PROSPECTIVELY UNEXECUTED PENDING REHEARING?

 

IF A MEMBER'S ORIGINAL SENTENCE INCLUDES AN EXECUTED REDUCTION TO PAY GRADE E-1 AND THE SENTENCE IS SUBSEQUENTLY SET ASIDE, DOES THE ACTION OF PAYING THAT MEMBER AT THE E-1 RATE PENDING REHEARING CONSTITUTE ILLEGAL PRETRIAL PUNISHMENT IN THE ABSENCE OF ANY PUNITIVE INTENT?

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0271/NA. Michael B. Docherty, Appellant v. Rear Admiral Y.B. Lindsey, USN, Commander, Naval District Washington, Appellee. CCA 201600001. On consideration of Appellant's motion for appropriate relief and his writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said motion is hereby granted, that the request for a stay of proceedings is hereby denied, and the petitions for writs of prohibition or mandamus are hereby denied. See Hasan v. Gross, 71 M.J. 416, 418 (C.A.A.F. 2012)(holding that to prevail on his writ of mandamus, the Appellant must show that the right to issuance of the writ is clear and indisputable), and that said writ-appeal petition is hereby denied without prejudice to raising the matter in the course of trial proceedings or appellate review.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion of the Missouri Liberty Project, Missouri Forward Foundation, and Veterans in Defense of Liberty to file a brief as amicus curiae in support of the Appellant, it is ordered that said motion is hereby denied with leave to file a corrected motion within 15 days of the date of this order in compliance with the requirements of Rule 13A(b)-(c), Rules of Practice and Procedure. Specifically, the motion shall 1) denominate the individuals who are law students and provide their eligibility under Rule 13A(b); 2) indicate which individual is the supervising attorney and how that attorney meets the requirements of Rule 13A(c); and 3) include a request to allow student participation in the case.

 

No. 16-0357/AR. U.S. v. Derick D. Granderson. CCA 20140178. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 14, 2016.

 

No. 16-0361/AR. U.S. v. Kevin M. Brown. CCA 20121013. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 17, 2016.

 

NOTICES

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785. In the order of February 9, 2016, in the above-referenced case, oral argument was set for April 26, 2016, at 9:30 a.m., with the issues to be argued to be provided in a future order. Upon consideration of the issues in the case, the Court will hear oral argument only on two issues that were specified in the Court's order dated November 20, 2015. Each side is allotted 20 minutes to present oral argument on these issues. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above-referenced case, and that Senior Judge Cox has consented to perform judicial duties in said case under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).

 

No. 15-0510/MC & 16-0223/MC. U.S. v. Monifa J. Sterling. CCA 201400150.

No. 15-0754/MC & 16-0122/MC. U.S. v. Beau T. Martin. CCA 201400315.

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

 

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above-referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii) (2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 26, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0361/AR. U.S. v. Kevin M. Brown. CCA 20121013.

No. 16-0362/AR. U.S. v. Randy L. Simpson, Jr. CCA 20140126.

No. 16-0363/NA. U.S. v. James Rich. CCA 201400420.

No. 16-0364/MC. U.S. v. Kwame Deshields. CCA 201500218.

No. 16-0365/MC. U.S. v. Francis P. Horselooking. CCA 201500294.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 25, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0356/AR. U.S. v. Victor M. Lopez. CCA 20140891.

No. 16-0357/AR. U.S. v. Derick D. Granderson. CCA 20140178.

No. 16-0358/AR. U.S. v. James P. Scott. CCA 20140906.

No. 16-0359/AR. U.S. v. Romel L. Jackson. CCA 20150054.

No. 16-0360/AR. U.S. v. Todd D. Sewell. CCA 20130460.

 

Petitions for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 16-0285/AR. U.S. v. Larry G. Piper II. CCA 20150196. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and the supplement of Appellant, we note that the matters submitted pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), exceed the maximum limit of 15 pages under Rule 21A(a), Rules of Practice and Procedure. Accordingly, it is ordered that Appellant submit Grostefon matters in compliance with the 15-page limit of Rule 21A(a) within 15 days of the date of this order.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 24, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0353/AR. U.S. v. Hakim A. Blackwell. CCA 20140712.

No. 16-0354/AF. U.S. v. Travis C. Riley. CCA S32366.

No. 16-0355/AR. U.S. v. Thomas B. Epley. CCA 20150390.

 

Interlocutory Orders

 

No. 16-0291/MC. U.S. v. Michael A. Williams. CCA 201500069. 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 11, 2016, and that, absent extraordinary circumstances, no further extension of time will be granted in this case.

 

Hearings

 

No. 16-0053/AF. U.S. v. Shelby L. Williams. CCA 38454.

No. 16-0091/AR. U.S. v. Djoulou K. Caldwell. CCA 20140425.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 23, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0350/AR. U.S. v. Timothy C. Bailey. CCA 20130262.

No. 16-0351/AR. U.S. v. William J. Delgado. CCA 20140927.

No. 16-0352/AR. U.S. v. Jose Flores Jr. CCA 20150235.

 

Petitions for Grant of Review Denied

 

No. 16-0140/CG. U.S. v. Elmer L. Molina. CCA 1393.

No. 16-0148/NA. U.S. v. Alexander Lopuchin. CCA 201400270.

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

No. 16-0262/AR. U.S. v. Alfredo I. Agirre III. CCA 20140977.

No. 16-0269/AR. U.S. v. Charles G. Serini. CCA 20140917.

No. 16-0275/AR. U.S. v. Steven V. Dang. CCA 20150086.

No. 16-0284/AR. U.S. v. Christopher M. Halpine. CCA 20140121.

 

Hearings

 

No. 15-0742 & 15-0750/AF. U.S. v. Kevin Gay. CCA 38525.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 22, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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

 

No. 16-0290/AR. U.S. v. Maurice A. Snipe. CCA 20130668.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of Appellant's motion to notify the Court of name change of counsel's organization from the Liberty Institute to the First Liberty Institute, it is ordered that said motion is hereby granted.

 

No. 16-0346/AF. U.S. v. Jefferson R. McFadden. CCA 38597. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 8, 2016.

 

Mandates Issued

 

No. 15-0172/MC. U.S. v. Francis L. Captain. CCA 201300137.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 19, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0347/AR. U.S. v. Bailey J. Brooks. CCA 20131043.

No. 16-0348/AR. U.S. v. Larry M. Foster. CCA 20130799.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 18, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0345/AR. U.S. v. Kristoffer R. Lenning. CCA 20130925.

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

 

Petitions for Grant of Review Denied

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 17, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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

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

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

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

No. 16-0279/AF. U.S. v. Matthew J. Stevens. CCA 38608.

No. 16-0280/AR. U.S. v. Matthew D. Dressler. CCA 20150110.

No. 16-0282/CG. U.S. v. Scott J. Parish. CCA 1396.

No. 16-0287/AF. U.S. v. Christopher T. Roman. CCA 38802.

 

Interlocutory Orders

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by Erin Morrow Hawley to proceed pro hac vice, it is ordered that said motion is hereby granted.

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by Americans United for Separation of Church and State, Jewish Social Policy Action Network, and People for the American Way Foundation for leave to file amicus curiae brief, it is ordered that said motion is hereby granted.

 

No. 15-0510/MC. U.S. v. Monifa J. Sterling. CCA 201400150. On consideration of the motion filed by the Military Religious Freedom Foundation for leave to file an amicus curiae brief out of time in support of neither party it is ordered that said motion is hereby denied.

 

Petitions for Reconsideration Denied

 

No. 15-0734/AR. U.S. v. Steven E. Hill. CCA 20120979. On consideration of Appellant's petition for reconsideration of the Court's order issued on November 2, 2015, it is ordered that said petition for reconsideration is hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 16, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0340/AR. U.S. v. Steven A. Farley. CCA 20150239.

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

No. 16-0342/AR. U.S. v. Alexander Castro. CCA 20140433.

No. 16-0343/AR. U.S. v. John A. Greenhaw. CCA 20140743.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0233/AR. U.S. v. Michael J. Moody. CCA 20121083. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and the record of trial, it is noted that the record reflects that the court-martial was called to order pursuant to the following orders:

 

Court-Martial Convening Order Number 1 dated 7 February 2012, superseded by Order Number 3, dated 4 April 2012, as amended by Order Number 11, dated 21 June 2012, as superseded by Order Number 14, dated 12 July 2012, as amended by Order Number 18, dated 20 September 2012, and as amended by Order Number 25, dated 26 November 2012.

 

Major Krystal G. Sessoms was detailed to the court-martial by Order Number 14 but was removed from the court-martial by Order Number 18. With that set of orders in the record, the members appeared and were sworn. Major Sessoms did not appear. After numerous challenges were granted, the court fell below quorum.

 

When the case was called again two months later, the trial counsel announced that Order Number 25 had been signed detailing more members to the court-martial. The newly detailed members each appeared and were sworn. However, without having been detailed anew, Major Sessoms also appeared, was sworn, and heard the case.

 

Accordingly, it is ordered that said petition is hereby granted on the following specified issue:

 

WHETHER JURISDICTIONAL ERROR OCCURRED WHEN MAJOR SESSOMS WAS DETAILED, LATER REMOVED BY VICING ORDER, BUT ULTIMATELY WAS SWORN AND HEARD THE CASE.

 

The decision of the United States Army Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Army for remand to that court for a new review and consideration of the specified issue under Article 66(c), Uniform Code of Military Justice, 10 U.S.C. 866(c) (2012).

 

Miscellaneous Docket - Filings

 

No. 16-0339/AR. Robert B. Bergdahl, Appellant v. United States, Appellee. CCA 20160073. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on a petition for a writ of prohibition to stay the proceedings was filed under Rule 27(b) on this date.

 

Orders Granting Petition for Review

 

No. 16-0277/AR. U.S. v. William P. Moynihan. CCA 20130855. 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 specified by the Court:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY GRANTING THE GOVERNMENT'S MOTION "TO USE THE CHARGED SEXUAL OFFENSES AS PROPENSITY EVIDENCE FOR EACH OTHER UNDER MRE 413 AND MRE 414."

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0255/NA. U.S. v. Gamaliel Torres. CCA 201500117. On consideration of Appellant's motion to file the petition for grant of review out of time and motion to withdraw the motion to file out of time, it is ordered that said motion to withdraw the motion to file out of time is hereby granted, and that said motion to file the petition for grant of review out of time is hereby denied as moot.

 

No. 16-0334/AR. U.S. v. Hunter J. Israel. CCA 20131054. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 3, 2016.

 

No. 16-0336/CG. U.S. v. Omar M. Gomez. CCA 1394. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 3, 2016.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 12, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0334/AR. U.S. v. Hunter J. Israel. CCA 20131054.

No. 16-0335/AR. U.S. v. Kyle M. Govindasamy. CCA 20121038.

No. 16-0336/CG. U.S. v. Omar M. Gomez. CCA 1394.

No. 16-0337/AR. U.S. v. Julian A. Spencer, Jr. CCA 20140378.

No. 16-0338/AR. U.S. v. Mercedes S. Collins. CCA 20150031.

 

Petitions for Grant of Review Denied

 

No. 16-0276/AR. U.S. v. John A. Reyes. CCA 20140797.

No. 16-0278/AF. U.S. v. Sammy J. Mendoza. CCA 38782.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 11, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0333/AF. U.S. V. Louis E. Shyers. CCA S32273.

 

Petitions for Grant of Review Denied

 

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

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

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

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

No. 16-0265/AR. U.S. v. Joel A. Willis. CCA 20140354.

No. 16-0268/AR. U.S. v. Jamhal S. Lee. CCA 20150451.

No. 16-0273/AR. U.S. v. Terry L. Dobbins. CCA 20150089.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0256/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Cory D. Phillips, Real Party In Interest. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus and the motions filed in this case, it is ordered that Petitioner's motion to attach a document is hereby granted, that the motion filed by the Special Victims' Program for leave to file an amicus curiae brief is hereby denied, that the motion filed by Protect Our Defenders for leave to file a proposed amicus curiae brief in support of the petition for extraordinary relief is hereby granted, that the motion for leave to file a supplemental argument for the United States petition for extraordinary relief is hereby denied, that the motions for leave to file a reply to the Special Victims' Program amicus curiae brief, the motion for leave to file a reply to the United States Air Force Appellate Government Division reply to amicus curiae brief, the motion to strike nonresponsive portions of the United States Air Force Appellate Government Division reply to amicus curiae of the Special Victims Counsel Program, and the motion for leave to reply to RPI's opposition to motion for leave of Special Victims Counsel Program to participate as amicus curiae are hereby denied as moot, and that said petition for extraordinary relief is hereby denied.

 

No. 16-0294/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Dorian K. Owens, Real Party In Interest. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus and the motion for leave to file LF's amicus curiae brief in support of the government's petition for extraordinary relief in the forum of a writ of mandamus, it is ordered that said motion is hereby denied, and that said petition for extraordinary relief is hereby denied.

 

No. 16-0310/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Petitioner and Jason K. Slape, Real Party In Interest. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 16-0332/AF. U.S. v. Josue Garcia. CCA 38744. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 1, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 10, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0330/AF. U.S. v. David J.A. Gutierrez. CCA 37913.

No. 16-0331/AF. U.S. v. Samuel J. Wheeler. CCA S32266.

No. 16-0332/AF. U.S. v. Josue Garcia. CCA 38744.

 

Petitions for Grant of Review Denied

 

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

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

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

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

No. 16-0257/AF. U.S. v. Duane M. Cole. CCA 38606.

No. 16-0272/AR. U.S. v. Taryn E. Melugin. CCA 20140303.

No. 16-0274/MC. U.S. v. Michael D. Stevens. CCA 201400330.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 9, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0329/AR. U.S. v. Phillip A. James. CCA 20140749.

 

Interlocutory Orders

 

No. 16-0326/AF. U.S. v. Eric B. Cobaugh. CCA 38662. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 29, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 8, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0326/AF. U.S. v. Eric B. Cobaugh. CCA 38662.

No. 16-0327/AR. U.S. v. Javier A. Martinez-Rodriguez. CCA 20150136.

No. 16-0328/NA. U.S. v. Michael A. Saine II. CCA 201500082.

 

Petitions for Grant of Review Denied

 

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

No. 16-0258/AF. U.S. v. Grant T. Gaskins. CCA S32312.

No. 16-0261/AF. U.S. v. Kendall L. Floyd. CCA S32290.

No. 16-0263/AR. U.S. v. Mathew M. Castro. CCA 20140215.

No. 16-0264/AF. U.S. v. Brent A. Diruzza. CCA S32310.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0251/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Jerry C. Harrison, Real Party in Interest. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that said petition is hereby denied.

 

No. 16-0270/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Marcus A. Mancini, Real Party in Interest. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 16-0180/AR. U.S. v. Charlie M. Kendrick. CCA 20120506. On consideration of Appellant's motion to file supplemental matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

 

No. 16-0251/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Jerry C. Harrison. On consideration of the motion filed by Protect Our Defenders for leave to file proposed amicus curiae brief in support of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that said motion is hereby granted.

 

Notices

 

No. 15-0742/AF & 15-0750/AF. United States, Appellee/Cross-Appellant v. Kevin Gay, Appellant/Cross Appellee. CCA 385525.

No. 16-0053/AF. U.S. v. Shelby L. Williams. CCA 38454.

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

No. 16-0091/AR. U.S. v. Djoulou K. Caldwell. CCA 20140425.

 

In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Walter T. Cox III to perform judicial duties in the above referenced cases, and that Senior Judge Cox has consented to perform judicial duties in said cases under Article 142(e)(1)(A)(ii), Uniform Code of Military Justice, 10 U.S.C. 942(e)(1)(A)(ii)(2012).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 5, 2016

 

Petitions for Grant of Review Filed

 

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

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

No. 16-0320/AR. U.S. v. Christopher D. Goodson. CCA 20140392.

No. 16-0321/AR. U.S. v. Brett M. Wessel. CCA 20140714.

No. 16-0322/AR. U.S. v. Leroy L. Miller. CCA 20130854.

No. 16-0323/AR. U.S. v. Kristin S. Lamb. CCA 20140772.

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

No. 16-0325/AR. U.S. v. Daniel G. Holm. CCA 20140163.

 

Petitions for Grant of Review Denied

 

No. 16-0151/AR. U.S. v. James B. Evans. CCA 20140021.

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

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

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 4, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0315/AR. U.S. v. Luke L. Deakins. CCA 20131065.

No. 16-0316/AR. U.S. v. Jeffery D. Johnson. CCA 20140480.

No. 16-0317/AR. U.S. v. Wardell S. Ellis III. CCA 20130798.

 

Petitions for Grant of Review Denied

 

No. 16-0129/AF. U.S. v. Danny L. Annis. CCA 38001.

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

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

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 3, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0314/AR. U.S. v. John W. Threadgill. CCA 20140823.

 

Petitions for Grant of Review Denied

 

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

 

Interlocutory Orders

 

No. 16-0291/MC. U.S. v. Michael A. Williams. CCA 201500069. On consideration of the motion filed by Major John J. Stephens to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent the Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, the motion is hereby granted.

 

No. 16-0291/MC. U.S. v. Michael A. Williams. CCA 201500069. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted up to and including February 25, 2016.

 

No. 16-0313/AF. U.S. v. Franklin G.U. Cruz. CCA 38296. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted up to and including February 22, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 2, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0312/AF. U.S. v. Nicodemo R. Mastrogiacomo. CCA S32293.

No. 16-0313/AF. U.S. v. Franklin G.U. Cruz. CCA 38296.

 

Petitions for Grant of Review Denied

 

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

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

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

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

 

Interlocutory Orders

 

No. 16-0309/AR. U.S. v. Michael B. O'Connor. CCA 20130853. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 22, 2016.

 

No. 16-0007/AF. U.S. v. Calyx E. Harrell. CCA 38538. In view of the Court's selection of the above-captioned case to be heard as part of Project Outreach at the University of Alabama School of Law on April 5, 2016, the Court invites the filing of an amicus curiae brief by an eligible law student acting under a supervising attorney. See Rule 13A and 26(a)(2), Rules of Practice and Procedure. The brief shall be filed on or before March 22, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 1, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0308/AR. U.S. v. Jeffrey L. McBride. CCA 20130875.

No. 16-0309/AR. U.S. v. Michael B. O'Connor. CCA 20130853.

 

Petitions for Grant of Review Denied

 

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

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

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

 

Miscellaneous Docket - Filings

 

No. 16-0310/AF. United States, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent and Jason K. Slape, Real Party In Interest. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus and brief in support were filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 16-0305/NA. U.S. v. Ogarry L. Clarke. CCA 201400416. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2016.

 

No. 16-0306/AR. U.S. v. Joshua C. Davis. CCA 20130996. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2016

 

No. 16-0307/NA. U.S. v. Byron Reynolds. CCA 201400279. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 18, 2016.

 

Rules Changes

 

Upon careful consideration of proposed changes to the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, which were presented to and reviewed by the Rules Advisory Committee of the United States Court of Appeals for the Armed Forces and thereafter published in the Federal Register for comment, it is ordered that effective March 1, 2016, Rule 26 is hereby amended, as provided in the attachment to this Order (deletions appear with strikethrough and changes appear in bold typeface).

 

For the Court,

 

 

/s/ William A. DeCicco

Clerk of the Court

 

 

RULE 26. AMICUS CURIAE BRIEFS

 

(a) A brief of an amicus curiae may be filed (1) by an appellate government or defense division of an armed service other than that in which the case has arisen, (2) by invitation of the Court, or (3) by motion for leave to file granted by the Court.

 

(b) All motions and briefs filed under Rule 26(a)(3) must contain a statement of the movant's interest and why the matters asserted are relevant to the disposition of the case. Amicus curiae briefs filed pursuant to Rule 26(a)(3) that bring relevant matter to the attention of the Court not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored. The motion must also provide a statement as to whether the parties consent to the filing of the amicus curiae brief. Only an attorney admitted to practice as a member of the Bar of the Court or an attorney appearing pro hac vice may file an amicus curiae brief.

 

(c) An amicus curiae brief submitted before the Court's consideration of a petition for grant of review, petition for extraordinary relief, writ-appeal petition, or petition for new trial may be filed under subparagraphs (a)(1) or (a)(2), or if the Court grants leave to file under subparagraph (a)(3) of this rule.

 

(d) Unless otherwise ordered by the Court, a brief of an amicus curiae in support of a party may shall be filed no later than 10 days after that party has filed its brief, supplement to the petition for grant of review, petition for extraordinary relief, writ-appeal petition, or answer. If neither no party is supported, the brief of an amicus curiae shall be filed no later than 10 days after the first brief, supplement to the petition for grant of review, petition for extraordinary relief, or writ-appeal petition is filed. In the case of a petition for new trial, the brief of an amicus curiae shall be filed no later than 10 days after the petitioner's brief in support of the petition has been filed with the Court. Motions for leave to file an amicus curiae brief under Rule 26(a)(3) must be filed within the time allowed for the filing of the brief and contemporaneously with the amicus curiae brief itself. Requests for extensions of time to file an amicus curiae brief will be granted for good cause shown. A party may file a motion under Rule 30 for leave to reply to the brief of an amicus curiae.

 

(e) Neither the hearing nor the disposition of a case will be delayed pending action on a motion for leave to file an amicus curiae brief or a motion of an amicus curiae to participate in a hearing, or to await the filing of a brief of an amicus curiae under this rule.

 

(f) Except by the Court's permission, a brief of an amicus curiae may be no more than one-half the maximum length authorized by Rule 24 for a brief of an appellant/petitioner. If the Court grants a party permission to file a longer brief, that extension does not affect the length of the brief of an amicus curiae.

 

(g) A member of the Bar of the Court who represents an amicus curiae and is authorized to file a brief under paragraph (a) of this rule may file a motion for leave to have a law student enter an appearance on behalf of the amicus curiae. To be eligible to participate under this rule, a law student must be acting under the attorney's supervision and the attorney and the law student must substantially comply with the requirements of Rule 13(A)(b)(1) (5) and (c)(1) (11). Argument by a law student granted permission to appear on behalf of an amicus curiae may be requested by motion filed under Rule 30.



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