UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 30, 2016

 

Interlocutory Orders

 

No. 16-0620/AF. U.S. v. Victorino Refre, Jr. CCA 2016-08. Appellant's motion to extend time to file an answer to Appellee's motion to dismiss granted to July 11, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 29, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0638/AR. U.S. v. Joseph R. Wilson. CCA 20130601.

No. 16-0639/AF. U.S. v. Timothy P. Watson, Jr. CCA S32380.

No. 16-0640/AR. U.S. v. Joshua M. Phillips. CCA 20140640.

 

Petitions for Grant of Review Denied

 

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

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

No. 16-0514/AR. U.S. v. Terrance D. Hewitt. CCA 20150656.

No. 16-0545/AR. U.S. v. Aaron J. Lange. CCA 20140744.

 

Orders Granting Petition for Review

 

No. 16-0555/AR. U.S. v. Jason M. Commisso. CCA 20140205. 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:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE'S POST-TRIAL MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT'S RIGHT TO HAVE HIS CASE DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 28, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0633/AR. U.S. v. Tomas J. Gonzalez. CCA 20150005.

No. 16-0634/AR. U.S. v. Christopher A. Shidagis. CCA 20150458.

No. 16-0635/AR. U.S. v. Laith G. Cox. CCA 20130923.

No. 16-0636/AR. U.S. v. Geoffrey A. Thompson. CCA 20150321.

No. 16-0637/AF. U.S. v. Casey M. Crowder. CCA S32315.

 

Petitions for Grant of Review Withdrawn

 

No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. Appellant's motion to withdraw the petition for grant of review granted.

 

Interlocutory Orders

 

No. 16-0369/AR. U.S. v. Arturo A. Tafoya. CCA 20140798. Appellee's motion to extend time to file a brief granted to July 20, 2016.

 

No. 16-0635/AR. U.S. v. Laith G. Cox. CCA 20130923. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 18, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 27, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0632/AF. U.S. v. Brandon T. James. CCA S32302.

 

Petitions for Grant of Review Denied

 

No. 16-0509/AR. U.S. v. Tariq I. Khan. CCA 20150232.

No. 16-0544/AR. U.S. v. Steven L. Marko. CCA 20150426.

No. 16-0547/AR. U.S. v. Walter J. Mathis. CCA 20140473.

No. 16-0550/AR. U.S. v. Zechariah D. MacDonald. CCA 20140397.

No. 16-0552/AR. U.S. v. Pho Y. Truong. CCA 20150277.

No. 16-0558/AR. U.S. v. Wayne T. Sookram. CCA 20160018.

No. 16-0560/AR. U.S. v. Christian L. Liriano. CCA 20150599.

No. 16-0561/AF. U.S. v. Robert C. Brown. CCA 38817.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 24, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0624/AR. U.S. v. Michel Dieujuste. CCA 20150326.

No. 16-0625/AR. U.S. v. Jarrid R. Lovett. CCA 20140580.

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

No. 16-0627/AR. U.S. v. Michael R. Wiedemann, Jr. CCA 20160012.

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

No. 16-0629/AR. U.S. v. Brian C. McBride. CCA 20140052.

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

No. 16-0631/AR. U.S. v. Richard T. Manriquez. CCA 20140893.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 23, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0620/AF. U.S. v. Victorino Refre, Jr. CCA 2016-08.

No. 16-0621/MC. U.S. v. Brian S. Johnson. CCA 201500196.

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

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

 

Appeals - Summary Dispositions

 

No. 16-0464/AR. U.S. v. Jonathan D. Perez. CCA 20140117. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the Court of Criminal Appeals stated that Appellant had been sentenced to a bad-conduct discharge, confinement for four months, and reduction to the grade of E-1. It then affirmed that sentence after reassessment. In fact, the sentence adjudged by the military judge at trial and approved by the convening authority did not include a reduction. Accordingly, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed as to findings and to only so much of the sentence as provides for confinement for four months and a bad-conduct discharge.

 

Orders Granting Petition for Review

 

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

 

Briefs will be filed under Rule 25.

 

Mandates Issued

 

No. 16-0019/AR. U.S. v. Asa M. Evans. CCA 20130647.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 22, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0613/AR. U.S. v. Bryant K. Marsh. CCA 20120572.

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

No. 16-0615/AF. U.S. v. Zavian M.T. Addison. CCA S32287.

No. 16-0616/AF. U.S. v. Kelvin L. O'Shaughnessy. CCA 38732.

No. 16-0617/AF. U.S. v. Joseph D. Morchinek. CCA S32291.

No. 16-0618/AR. U.S. v. Terrell D. Price. CCA 20150406.

No. 16-0619/AF. U.S. v. Eddy C. Soto. CCA 38422.

 

Petitions for Grant of Review Denied

 

No. 16-0541/CG. U.S. v. Thomas J. Randolph. CCA 003-62-16.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0596/AF. Rafael Verdejo-Ruiz, Petitioner v. United States, Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of habeas corpus, it is ordered that said petition is hereby denied.

 

Orders Granting Petition for Review

 

No. 16-0416/AR. U.S. v. Gene N. Williams. CCA 20130582. 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:

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY GIVING A MILITARY RULE OF EVIDENCE 413 INSTRUCTION TO THE PANEL BECAUSE NO EVIDENCE HAD BEEN ADMITTED BY THE MILITARY JUDGE FOR 413 PURPOSES.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704. Appellant's motion to attach documents is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 21, 2016

 

Petitions for Grant of Review Filed

 

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

 

Interlocutory Orders

 

No. 16-0416/AR. U.S. v. Gene N. Williams. CCA 20130582. Appellee's motion to file a 10-day answer letter out of time is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 20, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0611/AF. U.S. v. Richard K. Price, Jr. CCA S32330.

 

Petitions for Grant of Review Denied

 

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

No. 16-0527/AF. U.S. v. Kyle A. Beitel. CCA 38650.

No. 16-0528/AF. U.S. v. Adolphus A. Young III. CCA 38761.

No. 16-0529/AR. U.S. v. Adam P. Stephenson. CCA 20140719.

No. 16-0532/AF. U.S. v. Vincent A.J. Bressette. CCA S32325.

No. 16-0534/AR. U.S. v. Kenneth A. Elmore. CCA 20140649.

No. 16-0536/AR. U.S. v. Sergio Porrasbalderrama. CCA 20140592.

No. 16-0537/AR. U.S. v. Daniel J. Powers. CCA 20140663.

No. 16-0538/AR. U.S. v. Michael D. Mitchell. CCA 20140748.

 

Interlocutory Orders

 

No. 16-0603/MC. U.S. v. Duane J. Nairns. CCA 201600013. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 7, 2016.

 

No. 16-0609/NA. U.S. v. Alexander E. Knowles. CCA 201500181. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 7, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 17, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0603/MC. U.S. v. Duane J. Nairns. CCA 201600013.

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

No. 16-0605/AR. U.S. v. Mark V. Odie. CCA 20130122.

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

No. 16-0607/AR. U.S. v. Stephan G. Kurdilla. CCA 20140964.

No. 16-0608/AR. U.S. v. Casey D. Young. CCA 20140946.

No. 16-0609/NA. U.S. v. Alexander E. Knowles. CCA 201500181.

 

Interlocutory Orders

 

No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 5, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 16, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0601/AR. U.S. v. Hunter J. Israel. CCA 20131054.

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

 

Petitions for Grant of Review Denied

 

No. 16-0524/AR. U.S. v. Shawndale R. Teague, Jr. CCA 20140394.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 15, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0599/AR. U.S. v. Jared D. Herrmann. CCA 20131064.

 

Miscellaneous Docket - Filings

 

No. 16-0596/AF. Rafael Verdejo-Ruiz, Petitioner v. United States, Respondent. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus under Rule 27(a) was mailed to the Court on June 6, 2016, and placed on the docket this date.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0597/AR. In re John L. Cockerham, Petitioner. Notice is hereby given that a petition for extraordinary relief under Rule 27(a) was mailed to the Court on May 23, 2016, and placed on the docket this date. On consideration thereof, it is ordered that said petition is hereby dismissed for lack of jurisdiction.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 14, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0592/AR. U.S. v. Tito O. Myree. CCA 20140645.

No. 16-0593/AR. U.S. v. Tischare D. Walker. CCA 20160013.

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

No. 16-0595/AR. U.S. v. Miguel A. Arroyo. CCA 20140746.

 

Petitions for Grant of Review Denied

 

No. 16-0505/CG. U.S. v. Andrew T. Meador. CCA 002-62-16.

No. 16-0513/AR. U.S. v. Jason B. Maher. CCA 20140855.

No. 16-0519/AR. U.S. v. Joshua L. Ray. CCA 20150154.

No. 16-0525/AR. U.S. v. Ricky B. Ceasor, Jr. CCA 20140828.

 

Interlocutory Orders

 

No. 16-0346/AF. U.S. v. Jefferson R. McFadden. CCA 38597. On consideration of Appellant's motion for suspension of the Rule, motion for leave to file a petition for reconsideration out of time, and motion for leave to attach declaration in support of Appellant's motion for leave to file a petition for reconsideration out of time, it is ordered that said motions are hereby denied.

 

No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 5, 2016.

 

No. 16-0590/AF. U.S. v. Nicholas A.R. Marsh. CCA 38688. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to July 5, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 13, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369.

No. 16-0589/AF. U.S. v. Jeffery L. Lewis. CCA 38727.

No. 16-0590/AF. U.S. v. Nicholas A.R. Marsh. CCA 38688.

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

 

Petitions for Grant of Review Denied

 

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

No. 16-0520/AR. U.S. v. Tyler S. Hebert. CCA 20130661.

No. 16-0523/AF. U.S. v. Eric B. Cobaugh. CCA 38662.

 

Interlocutory Orders

 

No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037. Appellant's motion to extend time to file a brief granted to June 30, 2016.

 

No. 16-0547/AR. U.S. v. Walter J. Mathis. CCA 20140473. Appellant's motion to file a corrected supplement to the petition for grant of review is granted.

 

No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA 201400251. Appellant's motion to extend time to file the supplement to the petition of grant of review granted to June 30, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 10, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0586/MC. U.S. v. Nhubu C. Chikaka. CCA 201400251.

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

 

Petitions for Grant of Review Denied

 

No. 16-0516/AR. U.S. v. Kevin Rodriguez. CCA 20130577.

 

Petitions for Grant of Review - Summary Dispositions

 

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

 

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN ACCEPTING THE GUILTY PLEA TO THE SPECIFICATION OF ADDITIONAL CHARGE I BY FAILING TO ESTABLISH A SUFFICIENT FACTUAL BASIS THAT CFNA WAS THE LARCENY VICTIM.

 

The decision of the United States Army Court of Criminal Appeals is vacated and the record of trial is returned to the Judge Advocate General of the Army for remand to the Court of Criminal Appeals to consider the granted issue in light of United States v. Williams, 75 M.J. 129 (C.A.A.F. 2016). Thereafter, Article 67, Uniform Code of Military Justice, 10 U.S.C. 867 (2012) will apply.

 

Orders Granting Petition for Review

 

No. 16-0423/AR. U.S. v. Joseph R. Haverty. CCA 20130559. 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 COMMITTED PLAIN ERROR WHEN HE FAILED TO INSTRUCT THE PANEL ON THE MENS REA REQUIRED FOR AN ARTICLE 92, UCMJ, VIOLATION OF ARMY REGULATION 600-20, WHICH PROHIBITS REQUIRING THE CONSUMPTION OF EXCESSIVE AMOUNTS OF ALCOHOL AS AN INITIATION RITE OF PASSAGE.

 

Briefs will be filed under Rule 25.

 

No. 16-0424/MC. U.S. v. Mark J. Rosario. CCA 201500251. 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 CONDUCTING ITS ARTICLE 66(c), UCMJ, REVIEW BY FINDING AS FACT ALLEGATIONS THAT SUPPORTED CHARGES OF WHICH APPELLANT WAS ACQUITTED TO AFFIRM THE FINDINGS AND SENTENCE.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 9, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0582/AR. U.S. v. Michael B. Scioneaux. CCA 20130850.

No. 16-0583/AR. U.S. v. Shawn C. Clark. CCA 20140252.

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

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

 

Petitions for Grant of Review Denied

 

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0485/AR. U.S. v. Samuel J. Chance. CCA 20140072. 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 military judge neglected to order a portion of the record sealed under MRE 412. Accordingly, it is ordered that said petition is hereby granted, and the decision of the United States Army Court of Criminal Appeals is affirmed.*

 

* The Clerk of Court is ordered to seal pages 11-13 of the record of trial.

 

Appeals - Summary Dispositions

 

No. 16-0184/AR. U.S. v. Bradley T. Fontenelle. CCA 20140424. On further consideration of the granted issue, __ M.J .__ (Daily Journal March 17, 2016), and the briefs of the parties, we note that the offense of which Appellant was convicted did not include the word "indecent" and thus was a simple disorder punishable by a maximum sentence of four months of confinement and forfeiture of two-thirds pay per month for four months. See United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011). Therefore, the sentence of a bad-conduct discharge awarded by the military judge was unauthorized. Accordingly, it is ordered that the decision of the United States Army 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 Army for remand to an appropriate convening authority who may reassess the sentence using the factors provided in United States v. Winkelmann, 73 M.J. 11, 15-16 (C.A.A.F. 2013) or order a rehearing on the sentence.

 

Interlocutory Orders

 

No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. 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, but only up to and including June 16, 2016, and absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 8, 2016

 

Petitions for Grant of Review Denied

 

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

No. 16-0511/AR. U.S. v. Aaron R. Kalior. CCA 20150583.

No. 16-0515/AF. U.S. v. Alexander M. Williams. CCA S32309.

No. 16-0517/AR. U.S. v. Josue Santiago-Serrano. CCA 20140166.

No. 16-0518/AF. U.S. v. Andrew J. Halatyn. CCA S32320.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0436/AR. U.S. v. Brian N. Schwisow. CCA 20150720. Appellee's motion for leave to file an answer in excess of the limits of Rule 21, and Appellant's motion to withdraw the petition for grant of review without prejudice, it is ordered that said motion to withdraw the petition for grant of review without prejudice is hereby granted, and said motion for leave to file an answer in excess of the limits of Rule 21 is hereby denied as moot.

 

No. 16-0549/AF. Patrick Carter, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, it is ordered that the United States Air Force Court of Criminal Appeals either decide the case within 45 days of the date of this order or provide the Court with an explanation of the need for further consideration.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0581/AR. Ronald Gray, Appellant v. Erica Nelson, Colonel, U.S. Army, Commandant, U.S. Disciplinary Barracks, Fort Leavenworth, Kansas, and United States, Appellees. CCA 20160086. Notice is hereby given that a pleading styled as "Mandatory Review Case," which this Court construes as a writ-appeal petition of the decision of the United States Army Court of Criminal Appeals on a petition for extraordinary relief in the nature of a writ of error coram nobis, was filed on May 23, 2016, and placed on the docket this date. On consideration thereof, it is ordered that said writ-appeal petition is hereby denied without prejudice to re-filing after the United States District Court for the District of Kansas rules on the pending petition for writ of habeas corpus.

 

Interlocutory Orders

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. Appellant's motion to extend time to file a brief granted to June 15, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, June 7, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0579/AF. U.S. v. William P. Smith, Jr. CCA 38728.

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

 

Interlocutory Orders

 

No. 16-0398/MC. EV v. U.S. and David A. Martinez. CCA 201600057. On consideration of the motion filed by Protect Our Defenders to file a supplemental brief as amicus curiae and Petitioner's motion in support of the motion filed by Protect Our Defenders, it is ordered that the motion filed by Protect Our Defenders to file a supplemental brief as amicus curiae is hereby granted, and Petitioner's motion in support of the motion filed by Protect Our Defenders is hereby denied as moot.

 

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. 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 to June 20, 2016, and absent extraordinary circumstances, no further extension of time will be granted in this case.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, June 6, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0506/AR. U.S. v. Richard W. Talbot, Jr. CCA 20150573.

No. 16-0507/AR. U.S. v. Carl V. Anderson. CCA 20150697.

No. 16-0508/AR. U.S. v. Joshua L. Jennings. CCA 20150314.

No. 16-0510/AR. U.S. v. Yvonne S. Mayberry. CCA 20140926.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, June 3, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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

No. 16-0502/AF. U.S. v. William R. Jones. CCA 38028.

No. 16-0503/AF. U.S. v. James E. Frady, Jr. CCA S32264.

 

Interlocutory Orders

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of Appellant's second motion to extend time to file a brief, it is ordered that said motion is hereby granted, up to and including June 17, 2016, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 16-0336/CG. U.S. v. Omar M. Gomez. CCA 1394. Appellee's motion to file a supplemental joint appendix is granted.

 

Mandates Issued

 

No. 16-0068/NA. U.S. v. Dustin M. Clark. CCA 201400232.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, June 2, 2016

 

Petitions for Grant of Review Denied

 

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

No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962.

 

Mandates Issued

 

No. 16-0006/CG. U.S. v. Matthew A. Rogers. CCA 1391.

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, June 1, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0575/AR. U.S. v. Curtis T. Davis. CCA 20150402.

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0411/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of Appellee's motion for leave to file an answer in excess of the limits of Rule 21 and Appellant's motion to withdraw the petition for grant of review without prejudice, it is ordered that said motion to withdraw petition for grant of review without prejudice is hereby granted, and said motion to file an answer in excess of the limits of Rule 21 is hereby denied as moot.

 

Interlocutory Orders

 

No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196. Appellant's motion to extend time to file a brief granted to June 23, 2016.

 

No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962. Appellant's motion to consider matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), granted.

 

No. 16-0543/AF. Justin L. Fetrow, Petitioner v. Anthony J. Cotton, Major General, U.S. Air Force, Commander, 20th Air Force, and Erica 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 Respondents show cause on or before June 13, 2016, why the requested relief should not be granted.

 

No. 16-0562/MC. U.S. v. Jeramy L. Whitley. CCA 201500060. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 15, 2016.

 

No. 16-0563/AR. U.S. v. Jesus M. Rodriguez. CCA 20150043. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 15, 2016.

 

No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 15, 2016.

 

No. 16-0571/AR. U.S. v. Everald S. Allen. CCA 20130521. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 20, 2016.



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