UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 31, 2016

 

Petitions for Grant of Review Filed

 

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

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. 16-0569/AR. U.S. v. Wayne T. Hall. CCA 20130431.

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

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

No. 16-0572/AR. U.S. v. Brian L. Johnson. CCA 20131075.

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

 

Petitions for Grant of Review Denied

 

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

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. 16-0478/AR. U.S. v. Jason L. Tremblay. CCA 20140311.

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

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

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

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

 

Orders Granting Petition for Review

 

No. 16-0418/NA. U.S. v. Jeffrey D. Sager. CCA 201400356. 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 issues:

 

I. IN AFFIRMING THE ABUSIVE SEXUAL CONTACT CONVICTION, THE LOWER COURT RELIED ON FACTS OF WHICH THE MEMBERS ACQUITTED APPELLANT. WAS THIS ERROR?

 

II. ARTICLE 120(d), UCMJ, PROHIBITS SEXUAL CONTACT ON ANOTHER PERSON WHEN THAT PERSON IS "ASLEEP, UNCONSCIOUS, OR OTHERWISE UNAWARE." DESPITE THESE SPECIFIC STATUTORY TERMS, THE LOWER COURT HELD THAT "ASLEEP" AND "UNCONSCIOUS" DO NOT ESTABLISH THEORIES OF CRIMINAL LIABILITY, BUT ONLY THE PHRASE "OTHERWISE UNAWARE" ESTABLISHES CRIMINAL LIABILITY. DID THE LOWER COURT ERR IN ITS INTERPRETATION OF ARTICLE 120(d), UCMJ?

 

Briefs will be filed under Rule 25.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 27, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0562/MC. U.S. v. Jeramy L. Whitley. CCA 201500060.

No. 16-0563/AR. U.S. v. Jesus M. Rodriguez. CCA 20150043.

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

No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 26, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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

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

 

Interlocutory Orders

 

No. 16-0551/AR. U.S. v. Robert W. Cutshaw. CCA 20130873. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 13, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 25, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0554/AR. U.S. v. George R. Galvan. CCA 20140320.

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

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

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

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

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

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

 

Petitions for Grant of Review Denied

 

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

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

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

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0408/CG. U.S. v. Christopher C. Bush. CCA 1397. 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, and the decision of the United States Coast Guard Court of Criminal Appeals is affirmed.*

 

* It is noted that the CCA decision erroneously stated that Appellant was convicted of "one specification of rape" in violation of Article 120, UCMJ. Appellant was charged with and convicted of sexual assault under Article 120, not rape.

 

No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of the conflicting affidavits between Appellant and his trial defense counsel, we conclude that the Court of Criminal Appeals erred when it failed to order a factfinding hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to determine the facts surrounding Appellant's allegations that his trial defense counsel was ineffective in failing to identify and investigate potential mitigation evidence for the presentencing hearing. See United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997). Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS DEFENSE COUNSEL FAILED TO IDENTIFY AND INVESTIGATE POTENTIAL MITIGATION EVIDENCE.

 

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 further appellate inquiry of the granted issue. The Court of Criminal Appeals shall order a hearing pursuant to DuBay. Once the necessary information is obtained, the court will complete its Article 66(c),Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012), review. Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 24, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0551/AR. U.S. v. Robert W. Cutshaw. CCA 20130873.

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

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

 

Interlocutory Orders

 

No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted up to and including June 7, 2016.

 

No. 16-0471/MC. U.S. v. Jeffery T. Brown, Jr. CCA 201500355. Appellee's motion to strike and dismiss the petition for grant of review is denied.

 

No. 16-0479/MC. U.S. v. Patrick M. Conner. CCA 201500285. Appellee's motion to strike and dismiss the petition for grant of review is denied.

 

No. 16-0542/AR. U.S. v. Tyler L. Sanks. CCA 20130085. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to June 9, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 23, 2016

 

Petitions for Grant of Review Filed

 

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

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

No. 16-0546/AF. U.S. v. Rodney B. Boyce. CCA 38673.

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

 

Petitions for Grant of Review Denied

 

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

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

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. 16-0470/AR. U.S. v. Gary J. Eloi. CCA 20150382.

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. 16-0483/AR. U.S. v. Nicole L. Gadson. CCA 20140373.

 

Miscellaneous Docket - Filings

 

No. 16-0548/AR. Sean P. Bright, Petitioner v. United States, Respondent. 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.

 

No. 16-0549/AF. Patrick Carter, Petitioner v. United States Air Force Court of Criminal Appeals, Respondent. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of mandamus was filed under Rule 27(a) on this date.

 

Mandates Issued

 

No. 15-0384 & 15-0387/CG. U.S. v. Christopher S. Cooley. CCA 1389.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 20, 2016

 

Petitions for Grant of Review Filed

 

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

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0477/AF. David Juillerat, Appellant v. United States, Appellee. CCA 34205. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied.

 

Appeals - Summary Dispositions

 

No. 16-0357/AR. U.S. v. Derick D. Granderson. CCA 20140178. On consideration of the granted issue, __M.J.__ (Daily Journal March 29, 2016), and in view of United States v. Caldwell, __ M.J.__ (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. 16-0184/AR. U.S. v. Bradley T. Fontenelle. CCA 20140424. Appellee's motion for leave to file a supplemental joint appendix is granted.

 

No. 16-0427/AR. U.S. v. Andrew W. Olsen. CCA 20130962. On consideration of the order issued May 18, 2016, denying the petition for grant of review in the above-mentioned case, it is ordered that said denial order is hereby vacated.

 

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On consideration of Appellant's second motion to extend time to file the supplement to the petition for grant of review, it is ordered that said motion is hereby granted, but only up to and including June 8, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 19, 2016

 

Petitions for Grant of Review Filed

 

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

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

 

Miscellaneous Docket - Filings

 

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. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of habeas corpus was filed under Rule 27(a) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 18, 2016

 

Petitions for Grant of Review Filed

 

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

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

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.

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

 

Petitions for Grant of Review Denied

 

No. 16-0419/MC. U.S. v. Daniel J. Desmit. CCA 201500178.

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

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 17, 2016

 

Petitions for Grant of Review Filed

 

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

No. 16-0530/AF. U.S. v. Patrick A. Shea. CCA S32225.

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

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

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

 

Interlocutory Orders

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. Appellant's motion to extend time to file a brief granted to June 7, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 16, 2016

 

Petitions for Grant of Review Filed

 

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.

 

Petitions for Grant of Review Denied

 

No. 16-0428/AR. U.S. v. Joshua L. Parham. CCA 20150501.

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

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

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

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.

 

Orders Granting Petition for Review

 

No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

THE SYSTEMATIC EXCLUSION OF INDIVIDUALS BY RANK FROM THE MEMBER-SELECTION PROCESS IS PROHIBITED. HERE, THE MILITARY JUDGE DISMISSED THE PANEL FOR VIOLATING ARTICLE 25, UCMJ, BUT THE CONVENING AUTHORITY RECONVENED THE EXACT SAME PANEL THE SAME DAY. IS THIS SYSTEMATIC EXCLUSION BASED ON RANK REVERSIBLE ERROR?

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 15-0260/AF. U.S. v. Andrew P. Witt. CCA 36785. Appellee's motion to specify issue is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 13, 2016

 

Petitions for Grant of Review Filed

 

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

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

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0309/AR. U.S. v. Michael B. O'Connor. CCA 20130853. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of the conflicting affidavits between Appellant and his trial defense counsel, we conclude that the Court of Criminal Appeals erred when it failed to order a factfinding hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967), to determine the facts surrounding Appellant's allegations that his trial defense counsel were ineffective in failing to investigate alleged unlawful command influence in the preferral process. See United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997). Accordingly, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL BY HIS COUNSEL FAILING TO INVESTIGATE ALLEGED UNLAWFUL COMMAND INFLUENCE IN THE PREFERRAL PROCESS.

 

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 further appellate inquiry of the granted issue. The Court of Criminal Appeals shall order a hearing pursuant to DuBay. Once the necessary information is obtained, the court will complete its Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012), review. Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.

 

Mandates Issued

 

No. 15-0749/AF. U.S. v. Daniel H. Chin. CCA 38452.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 12, 2016

 

Petitions for Grant of Review Filed

 

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

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

 

Petitions for Grant of Review Denied

 

No. 16-0412/AR. U.S. v. Daniel E.K. Curnan. CCA 20130703.

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

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

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 11, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Withdrawn

 

No. 16-0489/AR. U.S. v. Thomas J. Brewster. CCA 20150019. Appellant's motion to withdraw the petition for grant of review is granted.

 

Interlocutory Orders

 

No. 16-0360/AR. U.S. v. Todd D. Sewell. CCA 20130460. Appellant's motion to extend time to file a brief granted to June 1, 2016.

 

Hearings

 

No. 16-0289/MC. Stephen P. Howell v. United States. CCA 201200264.

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

Tuesday, May 10, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 16-0384/AF. U.S. v. Sydney S. Carpenter. CCA 38628.

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

 

Hearings

 

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

No. 15-0767/AR. U.S. v. Kendell Hills. CCA 20130833.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 9, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 16-0400/AR. U.S. v. Desmond L. Thompson. CCA 20140792.

No. 16-0401/AR. U.S. v. John P. Welch III. CCA 20140867.

No. 16-0429/AR. U.S. v. Robert Z. Wood. CCA 20140774.

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. 16-0448/AR. U.S. v. Denzel C. James. CCA 20150055.

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

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

 

* Petition for grant of review denied without prejudice to Appellant's right to re-file another petition for grant of review after the Court of Criminal Appeals has completed its review under Article 66, UCMJ.

 

Orders Granting Petition for Review

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. 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 MILITARY JUDGE ERRED IN APPLYING THE "EXCITED UTTERANCE" EXCEPTION TO THE HEARSAY RULE TO PERMIT THE GOVERNMENT TO INTRODUCE THROUGH THE TESTIMONY OF LAW ENFORCEMENT PERSONNEL THAT APPELLANT'S WIFE NODDED HER HEAD IN RESPONSE TO A QUESTION WHETHER HER HUSBAND "DID THIS," AND IN CONCLUDING THAT THE PREJUDICIAL EFFECT OF THIS TESTIMONY WAS OUTWEIGHED BY ITS PROBATIVE VALUE. SEE M.R.E. 802 AND 803(2); M.R.E. 403; UNITED STATES v. DONALDSON, 58 M.J. 477 (2003); UNITED STATES v. JONES, 30 M.J. 127 (C.M.A. 1990); UNITED STATES v. ARNOLD, 25 M.J. 129 (C.M.A. 1987); UNITED STATES v. IRON SHELL, 633 F.2D 77 (8TH CIR. 1980), CERT. DENIED, 450 U.S. 1001 (1981).

 

Briefs will be filed under Rule 25.

 

No. 16-0407/AR. U.S. v. Justin P. Swift. CCA 20100196. 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 issues raised by Appellant:

 

I.   WHETHER THE ARMY COURT DENIED APPELLANT HIS SUBSTANTIAL RIGHT TO AN ARTICLE 66(c) REVIEW BY AFFIRMING THE FINDINGS AND SENTENCE ON UNCHARGED MISCONDUCT PRESENTED AT TRIAL RATHER THAN THE CHARGED OFFENSES.

 

II.   WHETHER THE MILITARY JUDGE ERRED BY ADMITTING APPELLANT'S PRETRIAL STATEMENT WHERE THERE WAS NO INDEPENDENT EVIDENCE TO CORROBORATE THE ESSENTIAL FACTS ADMITTED.

 

And the following issue specified by the Court:

 

III.   WHETHER THE EVIDENCE OF THE TWO CONVICTIONS OF INDECENT ACTS WITH A CHILD IS LEGALLY SUFFICIENT.

 

Briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, May 6, 2016

 

Petitions for Grant of Review Filed

 

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

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

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

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

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

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, May 5, 2016

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

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

No. 16-0377/AR. U.S. v. Joseph J. Lee. CCA 20140265.

No. 16-0396/AR. U.S. v. Jared L. MacDaniels. CCA 20150329.

No. 16-0405/CG. U.S. v. Jarvis G. Ladrido. CCA 1401.

No. 16-0426/AR. U.S. v. Joseph A. Kroupa. CCA 20140430.

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

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0433/AR. U.S. v. James E. Hopkins. CCA 20140913. 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 personally asserted issue:

 

WHETHER APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL.

 

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 further appellate inquiry of the granted issue. The Court of Criminal Appeals will obtain affidavits from civilian and military trial defense counsel that respond to Appellant's allegation of ineffective assistance of counsel. Under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012), the Court of Criminal Appeals shall review the ineffective assistance of counsel issue in light of the affidavits and any other relevant matters. See United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997). If the court determines that a factfinding hearing is necessary, that court shall order a hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). Once the necessary information is obtained, the court will complete its Article 66(c), UCMJ, review. Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0512/AR. In re Christopher E. Strunk, v. Eric J. Phelps, Petitioners. Notice is hereby given that a petition under Rule 67(C) for a 28 USC 1651 special writ of mandamus and injunctive equity relief in the matter of the breach of contract in 1999 with repeal of the Glass-Steagall Act during the National Banking Emergency or Time Of War and National Emergency Mandates by the Defacto Commander-in-Chief, under the Hague Convention, United States Army Field Manual for Civil Affairs Operations, Uniform Code of Military Justice, and Constitution of the United States of America was filed under Rule 27(a) on May 2, 2016, and placed on the docket this 5th day of May, 2016. On consideration thereof, it is ordered that said petition is hereby dismissed for lack of jurisdiction; and no further filings will be accepted or docketed by the Court on this matter.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, May 4, 2016

 

Petitions for Grant of Review Filed

 

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

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

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

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

 

Petitions for Grant of Review Denied

 

No. 16-0376/AR. U.S. v. DeAndre T. Coleman. CCA 20140936.

No. 16-0385/AR. U.S. v. Brice A. Moore. CCA 20150131.

No. 16-0389/AR. U.S. v. Richard W. Bailey. CCA 20140241.

No. 16-0393/AF. U.S. v. Annamarie D. Ellis. CCA 38655.

 

Interlocutory Orders

 

No. 16-0259/AF. U.S. v. Stanley H.R. Ewan. CCA 38588. On consideration of Appellant's motion for leave to file a petition for reconsideration out of time, motion for leave to file a motion to attach, and motion to attach documents, it is ordered that said motions are hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, May 3, 2016

 

Petitions for Grant of Review Filed

 

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

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.

 

Petitions for Grant of Review Denied

 

No. 16-0295/AF. U.S. v. Gregory D. Weiss. CCA 38611.

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

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

No. 16-0371/AR. U.S. v. Christian R. Reeves. CCA 20150106.

No. 16-0374/AR. U.S. v. Gregory W. Buford. CCA 20130427.

 

Orders Granting Petition for Review

 

No. 16-0267/AR. U.S. v. Nathan C. Wilson. CCA 20140135. 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 personally asserted by appellant:

 

WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION FOR APPROPRIATE RELIEF UNDER RULE FOR COURT-MARTIAL 917 WHERE THE MILITARY JUDGE IMPROPERLY APPLIED ARTICLE 130, UCMJ, HOUSEBREAKING, TO A MOTOR POOL.

 

Briefs will be filed under Rule 25.

 

No. 16-0296/AF. U.S. v. Joseph R. Dockery III. CCA 38624. 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 issues:

 

I. WHETHER THE MILITARY JUDGE ERRED BY GRANTING, OVER DEFENSE OBJECTION, THE GOVERNMENT'S CHALLENGE FOR CAUSE AGAINST MSGT LW.

 

II. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT THE MILITARY JUDGE DID NOT ERR, AND BY CONCLUDING THAT EVEN IF THE MILITARY JUDGE DID ERR THERE WAS NO PREJUDICE, CONTRARY TO THIS COURT'S PRECEDENT IN UNITED STATES v. PETERS, 74 M.J. 31 (C.A.A.F. 2015), UNITED STATES v. WOODS, 74 M.J. 238 (C.A.A.F. 2015), UNITED STATES V. NASH, 71 M.J. 83 (C.A.A.F. 2012), UNITED STATES v. CLAY, 64 M.J. 274 (C.A.A.F. 2007), AND UNITED STATES v. DALE, 42 M.J. 384 (C.A.A.F. 1995).

 

Briefs will be filed under Rule 25.

 

No. 16-0369/AR. U.S. v. Arturo A. Tafoya. CCA 20140798. 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 personally asserted by appellant:

 

WHETHER THE MILITARY JUDGE UNCONSTITUTIONALLY APPLIED MRE 413 BY DETERMINING THAT A FACTFINDER COULD FIND BY A PREPONDERANCE OF THE EVIDENCE THAT APPELLANT COMMITTED EACH OF THE PRIOR ACTS ALLEGED IN THE THREE SPECIFICATIONS.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0398/MC. EV, Appellant v. United States, Appellee and David A. Martinez. On consideration of the motion of Protect Our Defenders to present oral argument as amicus curiae, it is ordered that said motion is hereby denied

 

No. 16-0458/AR. U.S. v. Aaron C. Sales. CCA 20150623. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 23, 2016.

 

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 19, 2016.

 

Mandates Issued

 

No. 16-0026/AR. U.S. v. Antiwan M. Henning. CCA 20150410.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, May 2, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0501/AF. U.S. v. Richard A. Rivera. CCA 38649.

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.

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

 

Petitions for Grant of Review Denied

 

No. 16-0432/AR. U.S. v. Adrian Gonzalez. CCA 20140438.

No. 16-0435/AF. U.S. v. Caleb W. Rodriguez. CCA 38830.



Home Page |  Opinions & Digest  |  Daily Journal  |  Scheduled Hearings  |  Search Site