UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 28, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0677/AR. U.S. v. Jovanni Pimentel. CCA 20150361.

 

Miscellaneous Docket - Filings

 

No. 16-0678/CG. Thomas J. Randolph, Appellant v. H.V., Appellee v. Cassie A. Kitchen, Commander, U.S. Coast Guard Military Judge, Respondent Below. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Coast Guard Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.

 

Interlocutory Orders

 

No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196. Appellee's motion to file a supplemental joint appendix is granted.

 

No. 16-0674/AF. James M. Kmet. CCA 38755. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to August 15, 2016.

 

No. 16-0675/AF. U.S. v. Brandi D. Medeiros. CCA S32289. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 16, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 27, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0675/AF. U.S. v. Brandi D. Medeiros. CCA S32289.

No. 16-0676/AR. U.S. v. Tyler J. Christie. CCA 20150316.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 26, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0673/AR. U.S. v. Desmun J. Chandler. CCA 201503011.

No. 16-0674/AF. U.S. v. James M. Kmet. CCA 38755.

 

Petitions for Grant of Review Denied

 

No. 16-0533/AF. U.S. v. Eduardo H. Apodaca. CCA 38871.

No. 16-0557/AR. U.S. v. Eddie A. Ruiz. CCA 20140411.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER APPELLANT IS ENTITLED TO NEW POST-TRIAL PROCESSING BECAUSE THE ADDENDUM TO THE STAFF JUDGE ADVOCATE'S RECOMMENDATION FAILED TO CORRECT AN ERROR IN APPELLANT'S CLEMENCY SUBMISSION.

 

The decision of the United States Air Force Court of Criminal Appeals and the action of the Convening Authority are set aside. The record is returned to the Judge Advocate General of the Air Force for remand to an appropriate convening authority for a new Staff Judge Advocate's Recommendation and Convening Authority's action. Appellant will be represented by a new and conflict-free trial defense counsel.

 

Interlocutory Orders

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. Appellant's motion to extend time to file a reply brief granted to July 29, 2016.

 

No. 16-0669/NA. U.S. v. Mark A. Berger. CCA 201500024. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 15, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 25, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0669/NA. U.S. v. Mark A. Berger. CCA 201500024.

No. 16-0670/AR. U.S. v. Matthew N. Watkins. CCA 20140275.

No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839.

 

Petitions for Grant of Review Denied

 

No. 16-0564/MC. U.S. v. Brandon J. Brown. CCA 201300181.

No. 16-0569/AR. U.S. v. Wayne T. Hall. CCA 20130431.

No. 16-0571/AR. U.S. v. Everald S. Allen. CCA 20130521.

No. 16-0587/AR. U.S. v. Jonathan A. Tennant. CCA 20150764.

No. 16-0614/AF. U.S. v. Michael J. Mellott. CCA 38776.

No. 16-0623/AR. U.S. v. Johnathan R. Murillo. CCA 20160064.

No. 16-0626/AR. U.S. v. Daniel P. Stapleton. CCA 20150689.

No. 16-0628/AR. U.S. v. Lawrence L. Whaley II. CCA 20140767.

No. 16-0630/AR. U.S. v. Richard A. Gifford. CCA 20120545.

 

Miscellaneous Docket - Filings

 

No. 16-0672/AF. Victorino Refre, Jr., Petitioner v. United States, Repsondent. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(a) on this date.

 

Interlocutory Orders

 

No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.  Appellant's motion to extend time to file a brief granted to August 3, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 22, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0610/AR. U.S. v. Corley Z. Black. CCA 20140010.

No. 16-0612/AF. U.S. v. Kevin W. Barnes. CCA 38720.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 21, 2016

 

Orders Granting Petition for Review

 

No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. 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 specified by the Court:

 

WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE MILITARY JUDGE INSTRUCTED THE MEMBERS, "IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF ANY OFFENSE CHARGED, YOU MUST FIND HIM GUILTY," WHERE SUCH AN INSTRUCTION IS IN VIOLATION OF UNITED STATES v. MARTIN LINEN SUPPLY CO., 430 U.S. 564, 572-73 (1977), AND THERE IS INCONSISTENT APPLICATION BETWEEN THE SERVICES OF THE INSTRUCTIONS RELATING TO WHEN MEMBERS MUST OR SHOULD CONVICT AN ACCUSED.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 20, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0667/AF. U.S. v. Angela J. Cook. CCA 38893.

No. 16-0668/AR. U.S. v. Darwin L. Kee. CCA 20140184.

 

Petitions for Grant of Review Denied

 

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0605/AR. U.S. v. Mark V. Odie. CCA 20130122. 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 noted that in summarizing Appellant's convictions in its opinion, the United States Army Court of Criminal Appeals incorrectly stated that Appellant was convicted of obstruction of justice and two specifications of communicating a threat. In fact, Appellant was not convicted of obstruction of justice, and inter alia, he was convicted of three specifications of communicating a threat.

 

Interlocutory Orders

 

No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. Appellant's motion to attach documents is denied.

 

No. 16-0663/MC. U.S. v. Travis V. Nauta. CCA 201500244. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 8, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 19, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0665/AR. U.S. v. Kristopher E. Williams. CCA 20150783.

No. 16-0666/AR. U.S. v. Brian L. Todd. CCA 20150286.

 

Orders Granting Petition for Review

 

No. 16-0546/AF. U.S. v. Rodney B. Boyce. CCA 38673. 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 specified by the Court:

 

THE CHIEF OF STAFF OF THE AIR FORCE ADVISED THE CONVENING AUTHORITY THAT, UNLESS HE RETIRED, THE SECRETARY OF THE AIR FORCE WOULD FIRE HIM. WAS THE CONVENING AUTHORITY'S SUBSEQUENT REFERRAL OF CHARGES UNLAWFULLY INFLUENCED BY THE THREAT TO HIS POSITION AND CAREER?

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 18, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0663/MC. U.S. v. Travis V. Nauta. CCA 201500244.

No. 16-0664/AR. U.S. v. Andrew C. Evans. CCA 20150472.

 

Petitions for Grant of Review Denied

 

No. 16-0521/AF. U.S. v. Johnny A. Escobar. CCA 38721.

No. 16-0553/AF. U.S. v. Anthony M. Alvarado. CCA 38694.

No. 16-0570/CG. U.S. v. Joe D. Newmans. CCA 1402.

No. 16-0578/CG. U.S. v. Jerry L. Hardy. CCA 1408.

No. 16-0591/AF. U.S. v. Tyler W. Crowell. CCA S32267.

No. 16-0594/AR. U.S. v. Quintin A. Gilbert. CCA 20150670.

No. 16-0598/AR. U.S. v. Daniel E. Harris. CCA 20150545.

No. 16-0600/AR. U.S. v. Jason E.L. French. CCA 20150123.

No. 16-0602/AR. U.S. v. Timothy Leybovsky. CCA 20150073.

No. 16-0604/NA. U.S. v. David W. Welch. CCA 201500184.

No. 16-0606/AR. U.S. v. Gregory G. Dixon. CCA 20140619.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0543/AF. Justin L. Fetrow, Petitioner v. Anthony J. Cotton, Major General, U.S. Air Force, Commander, 20th Air Force, and Erica C. Nelson, Colonel, U.S. Army, Commandant, United States Disciplinary Barracks, Respondents. 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. 16-0155/AF. U.S. v. Nehral Albert R. Maliwat. CCA 38579. On consideration of Appellant's motion to file an additional supplement to the petition for grant of review, it is ordered that said motion is hereby granted. Appellee may file an answer to the additional supplement to the petition for grant of review no later than 20 days from the date of this order.

 

No. 16-0499/AR. U.S. v. Michael J. Moody. CCA 20121083. Appellant's motion to attach appendix is granted.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

 

DAILY JOURNAL

Friday, July 15, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671.

No. 16-0661/AR. U.S. v. Ricardo Paulemon. CCA 20130745.

No. 16-0662/MC. U.S. v. Emilio R. Moran. CCA 201500380.

 

Interlocutory Orders

 

No. 16-0635/AR. U.S. v. Laith G. Cox. CCA 20130923. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to July 25, 2016.

 

No. 16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 4, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 14, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0656/CG. U.S. v. James V. Rankin. CCA 1416.

No. 16-0657/CG. U.S. v. Tyler A. Banks. CCA 1411.

No. 16-0658/AR. U.S. v. Tyler F. Ho. CCA 20140068.

No. 16-0659/AR. U.S. v. David R. Sanders. CCA 2015025.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 13, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0526/AR. U.S. v. Ki Y. Chung. CCA 20150194.

No. 16-0531/AR. U.S. v. Maria L. Caay. CCA 20150066.

No. 16-0535/AR. U.S. v. Shareef S. Abdullah. CCA 20150151.

No. 16-0540/AR. U.S. v. Michael D. Johnson. CCA 20140972.

No. 16-0556/AR. U.S. v. Nicholas D. Thames. CCA 20150662.

No. 16-0566/AR. U.S. v. Wesley V. Eaton. CCA 20130298.

No. 16-0580/AR. U.S. v. Tyler H. Wise. CCA 20150252.

No. 16-0585/AR. U.S. v. James D. Holeman. CCA 20150207.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0654/AR. Eric M. Denet, Petitioner v. United States, Respondent. CCA 9102697. Notice is hereby given that a pleading styled as "Motion to Reinstate Appellate Rights and/or Out of Time Appeal," which this Court construes as a petition for extraordinary relief, was filed under Rule 27(a) on June 17, 2016, and placed on the docket this 13th day of July, 2016. On consideration thereof, it is ordered that said petition is hereby denied.

 

No. 16-0655/AR. Thomas W. Coder, Petitioner v. United States, Respondent. Notice is hereby given that a pleading styled as "Motion," which this Court construes as a petition for extraordinary relief, was filed under Rule 27(a) on June 22, 2016, and placed on the docket this date. On consideration thereof, it is ordered that said petition is hereby dismissed for lack of jurisdiction.

 

Interlocutory Orders

 

No. 16-0500/AF. U.S. v. Justin L. Fetrow. CCA 38631. Appellant's motion to supplement the record is denied.

 

No. 16-0651/AF. U.S. v. Nicole A. Dalmazzi. CCA 38808. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to August 1, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 12, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0652/AR. U.S. v. Benjamin C. Mason. CCA 20150010.

No. 16-0653/AR. U.S. v. Brandon J. Sharp. CCA 20150248.

 

Petitions for Grant of Review Denied

 

No. 16-0539/AR. U.S. v. H. Cohen Baker. CCA 20140396.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, July 11, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0650/AR. U.S. v. Courtney A. Craig. CCA 20150272.

No. 16-0651/AF. U.S. v. Nicole A. Dalmazzi. CCA 38808.

 

Petitions for Grant of Review Denied

 

No. 16-0542/AR. U.S. v. Tyler L. Sanks. CCA 20130085.

No. 16-0577/AR. U.S. v. Michael W. Rhoades, Jr. CCA 20150222.

No. 16-0584/AR. U.S. v. Gerald E. Nelson. CCA 20140404.

No. 16-0622/AF. U.S. v. Travis B. Yates. CCA 38889.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 8, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0648/MC. U.S. v. Nigil L. Smith. CCA 201500361.

No. 16-0649/AR. U.S. v. Fritzharry L. Nostrates. CCA 20150395.

 

Mandates Issued

 

No. 16-0398/MC. EV v. U.S. and David A. Martinez. CCA 201600057.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, July 7, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0645/AF. U.S. v. Jeffrey W. Perry. CCA S32286.

No. 16-0646/AF. U.S. v. Dimitri R. Smith. CCA 38845.

No. 16-0647/AF. U.S. v. Brian C. Baker. CCA S32356.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, July 6, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0642/AR. U.S. v. Douglas L. Williams. CCA 20130522.

No. 16-0643/AR. U.S. v. Mario J. Laraguillen. CCA 20150516.

No. 16-0644/AR. U.S. v. Christopher D. Lay. CCA 20150759.

 

Petitions for Grant of Review Denied

 

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

No. 16-0504/AF. U.S. v. Ethan L. Telford. CCA 38691.

 

Interlocutory Orders

 

No. 16-0642/AR. U.S. v. Douglas L. Williams. CCA 20130522. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 26, 2015.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, July 5, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170.

 

Petitions for Grant of Review Denied

 

No. 16-0567/AR. U.S. v. Daehyouk Kwon. CCA 20150631.

No. 16-0568/AR. U.S. v. James W. Hughes III. CCA 20150279.

No. 16-0573/MC. U.S. v. Sean T. Eldred. CCA 201500357.

No. 16-0574/AR. U.S. v. Martin P. Garcia III. CCA 20140718.

No. 16-0576/AR. U.S. v. Lamar J. Parker, Jr. CCA 20150460.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, July 1, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0522/AR. U.S. v. Christopher A. Delgado. CCA 20140854.

No. 16-0559/AR. U.S. v. John G. Lemon. CCA 20150417.



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