UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 30, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0760/AR. U.S. v. Shareef S. Abdullah. CCA 20150079.

No. 16-0761/AR. U.S. v. Jacob I. McGowan. CCA 20150807.

No. 16-0762/AR. U.S. v. Tommie E. Crumedy. CCA 20140128.

No. 16-0763/AR. U.S. v. Zachariah P. Morrison. CCA 20160138.

 

Petitions for Grant of Review Denied

 

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

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

No. 16-0692/AR. U.S. v. Shaykhiem Griffin. CCA 20150805.

No. 16-0709/AR. U.S. v. Michael C. Dennehe. CCA 20140253.

No. 16-0717/AR. U.S. v. Maurice Crutchfield. CCA 20160153.

No. 16-0718/AR. U.S. v. Brandon L. Hall. CCA 20140850.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0697/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856. 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 GRANTING THE GOVERNMENT'S MOTION TO USE CHARGED SEXUAL MISCONDUCT FOR MILITARY RULE OF EVIDENCE 413 PURPOSES TO PROVE PROPENSITY TO COMMIT OTHER CHARGED MISCONDUCT.

 

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 consideration of the granted issue in light of United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0690/AF. Steven M. Chapman, Appellant v. United States, Appellee. CCA 2016-07. On consideration of the writ-appeal petition, Appellee's answer to the writ-appeal petition, and Appellant's reply to Appellee's answer, it is ordered that said petition is hereby dismissed for lack of jurisdiction.

 

No. 16-0726/AR. United States, Petitioner v. United States Army Court of Criminal Appeals, Respondent and Calvin R. Gibbs, Real Party In Interest. CCA 20110998. On consideration of the petition for extraordinary relief in the nature of a writ of prohibition and the motion to stay proceedings, it is ordered that said petition is hereby denied, and said motion is hereby denied as moot.

 

No. 16-0738/AR. Alexander Loya, Petitioner v. United States, Respondent. CCA 20160428. 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. 16-0579/AF. U.S. v. William P. Smith, Jr. CCA 38728. 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, BY INSTRUCTING THE MEMBERS THAT THEY LACK THE POWER OF JURY NULLIFICATION, THE MILITARY JUDGE ERRED AND MATERIALLY PREJUDICED APPELLANT'S RIGHT TO BE TRIED BY A PANEL VESTED WITH ITS FULL PREROGATIVE.

 

No briefs will be filed under Rule 25.

 

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

 

No. 16-0693/AR. U.S. v. Marcos A. Bustamante. CCA 20150486. 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:

 

I. WHETHER JUDGE HERRING AND JUDGE BURTON, WHO CURRENTLY SIT ON THE CMCR, ARE STATUTORILY AUTHORIZED TO ALSO SIT ON THE ACCA.

 

II. WHETHER JUDGE HERRING AND JUDGE BURTON'S SIMULTANEOUS SERVICE ON BOTH THE CMCR AND ACCA VIOLATES THE APPOINTMENTS CLAUSE OF THE CONSTITUTION.

 

No briefs will be filed under Rule 25.

 

No. 16-0720/AR. U.S. v. Robert S. Echols. CCA 20160126. 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:

 

I. WHETHER CMCR JUDGE JAMES HERRING IS STATUTORILY AUTHORIZED TO SIT ON THE ARMY CCA.

 

II. WHETHER JUDGE JAMES HERRING'S SERVICE ON BOTH THE CMCR AND ARMY CCA VIOLATES THE APPOINTMENTS CLAUSE.

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

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

 

No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170. On consideration of Appellant's motion to consider additional assignment of error out of time, it is ordered that said motion is hereby granted. Appellee may file an answer to the additional assignment of error on or before October 20, 2016.

 

No. 16-0652/AR. U.S. v. Benjamin C. Mason. CCA 20150010. On consideration of Appellant's motion for leave to file a petition for reconsideration out of time, it is ordered that said motion is hereby granted, and that said petition for reconsideration is hereby denied.

 

 

 

UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

 

ANNOUNCEMENT OF THE

CUMULATIVE SUMMARY OF

WORKLOAD STATISTICS

FOR THE SEPTEMBER 2015 TERM OF COURT *

 

 

I. CUMULATIVE PENDING SEPTEMBER 1, 2015

 

Master Docket 17

Petition Docket 80

Miscellaneous Docket 0

TOTAL 97

 

II. CUMULATIVE FILINGS

 

Master Docket 70

Petition Docket 719

Miscellaneous Docket 37

TOTAL 826

 

III. CUMULATIVE DISPOSITIONS

 

Master Docket 57

Petition Docket 727

Miscellaneous Docket 34

TOTAL 818

 

IV. CUMULATIVE PENDING OCTOBER 1, 2016

 

Master Docket 30

Petition Docket 72

Miscellaneous Docket 3

TOTAL 105

 

 

* September 1, 2015 September 30, 2016

 

V. CASES ON MASTER DOCKET CARRIED OVER TO THE

OCTOBER 2016 TERM OF COURT (30)

 

16-0214/NA PABELONA

16-0229/AF BOWEN

16-0267/AR WILSON

16-0296/AF DOCKERY

16-0301/AR NIETO

16-0306/AR DAVIS

16-0336/CG GOMEZ

16-0360/AR SEWELL

16-0391/MC BARTEE

16-0407/AR SWIFT

16-0418/NA SAGER

16-0423/AR HAVERTY

16-0424/MC ROSARIO

16-0455/AF McCLOUR

16-0482/AF TAYLOR

16-0484/AF OLIVER

16-0487/AR LOPEZ

16-0497/MC TSO

16-0500/AF FETROW

16-0530/AF SHEA

16-0546/AF BOYCE

16-0555/AR COMMISSO

16-0565/MC NICKENS

16-0579/AF SMITH

16-0611/AF PRICE

16-0651/AF DALMAZZI

16-0674/AF KMET

16-0693/AR BUSTAMANTE

16-0714/AR BROWN

16-0720/AR ECHOLS




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 28, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0758/AR. U.S. v. Jesse M. Taylor. CCA 20150158.

No. 16-0759/AR. U.S. v. Karina Flores-Santos. CCA 20140066.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 27, 2016

 

Petitions for Grant of Review Denied

 

No. 16-0713/AR. U.S. v. Samuel E. Nealy III. CCA 20140029.

 

Interlocutory Orders

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. Appellant's third motion to extend time to file the supplement to the petition for grant of review granted up to and including September 30, 2016. Absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to October 11, 2016.

 

No. 16-0741/AR. U.S. v. Nicholas A. Piszcz. CCA 20140842. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to November 7, 2016.

 

No. 16-0745/AR. U.S. v. Andrew D. Griffith. CCA 20150195. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to November 7, 2016.

 

No. 16-0748/NA. U.S. v. David W. Neiman. CCA 201500119. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2016.

 

No. 16-0751/AR. U.S. v. D'Andre R. Fletcher. CCA 20140949. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 14, 2016.

 

No. 16-0752/AR. U.S. v. Christopher B. Hines. CCA 20131049. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 11, 2016.

 

No. 16-0753/AR. U.S. v. Taylor A. Layton. CCA 20150260. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2016.

 

No. 16-0754/AR. U.S. v. Arthur Martin, Jr. CCA 20130207. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 17, 2016.

 

No. 16-0757/AR. U.S. v. Trevor L. Sands. CCA 20130946. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 14, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 26, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0748/NA. U.S. v. David W. Neiman. CCA 201500119.

No. 16-0749/AR. U.S. v. Richard S. Carroll. CCA 20150049.

No. 16-0750/NA. U.S. v. Patricia D. Martinez. CCA 201600069.

No. 16-0751/AR. U.S. v. D'Andre R. Fletcher. CCA 20140949.

No. 16-0752/AR. U.S. v. Christopher B. Hines. CCA 20131049.

No. 16-0753/AR. U.S. v. Taylor A. Layton. CCA 20150260.

No. 16-0754/AR. U.S. v. Arthur Martin, Jr. CCA 20130207.

No. 16-0755/AF. U.S. v. Juan M.M. Silva. CCA S32316.

No. 16-0756/AF. U.S. v. Timothy J. Morgan. CCA 38825.

No. 16-0757/AR. U.S. v. Trevor L. Sands. CCA 20130946.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 23, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0747/MC. U.S. v. Brandon J. Johnson-Jordan. CCA 201500174.

 

Petitions for Grant of Review Denied

 

No. 16-0708/AR. U.S. v. Leshan Jones. CCA 20140925.

No. 16-0710/AR. U.S. v. David M. Tompkins. CCA 20140788.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 22, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0746/AR. U.S. v. Ryan W. Rochford. CCA 20140565.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 21, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0745/AR. U.S. v. Andrew D. Griffith. CCA 20150195.

 

Petitions for Grant of Review Denied

 

No. 16-0703/AF. U.S. v. Jeremy A. Wisehart. CCA S32280.

 

Orders Granting Petition for Review

 

No. 16-0487/AR. U.S. v. Mario I. Lopez. CCA 20140943. 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 ERRED BY ADMITTING THE TESTIMONY OF APPELLANT'S WIFE, MRS. CL, WHO TESTIFIED THAT APPELLANT'S APOLOGY TO HIS STEPSON MEANT THAT APPELLANT WAS "LOOSELY ADMITTING GUILT" TO CRIMINAL CONDUCT, AND BY ALSO ADMITTING THE TESTIMONY OF MS. NM, WHO TESTIFIED THAT APPELLANT "HAD PROBABLY RAPED" HIS WIFE BECAUSE MRS. CL HAD RECENTLY RESEARCHED "SPOUSAL RAPE" ON THE INTERNET.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0660/AF. U.S. v. Andre K. Lewis. CCA 38671. Appellee's motion to dismiss the petition is denied, and Appellant's motion for leave to submit issues pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), is granted.

 

No. 16-0719/AR. U.S. v. John G. Birdsong. CCA 20140887. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to November 7, 2016.

 

In the Matter of the Rules Advisory Committee

 

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, it is ordered that Lieutenant Colonel Shaun S. Speranza, U.S. Air Force, is hereby appointed as a member of the Rules Advisory Committee, effective this date, to replace Colonel Peter W. Teller, U.S. Air Force, who has retired. Lieutenant Colonel Speranza's term will expire on September 30, 2017.

 

The Court wishes to express its appreciation to Colonel Teller for his service as a member of the Rules Advisory Committee.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 20, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0744/AR. U.S. v. Edmourd P. Touchette. CCA 20150439.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0704/AR. U.S. v. Dwight Harris, Jr. CCA 20131045. 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, IN LIGHT OF UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F. 2016), THE MILITARY JUDGE ERRED IN APPLYING MRE 414 TO CHARGED CONDUCT TO SHOW APPELLANT'S PROPENSITY TO COMMIT THE CHARGED CONDUCT.

 

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 consideration of the granted issue.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 19, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0743/AR. U.S. v. Lionel P. Scott. CCA 20150595.

 

Petitions for Grant of Review Denied

 

No. 16-0695/AF. U.S. v. Robert T. McCormick. CCA 38743.

No. 16-0699/AR. U.S. v. Corneilus W. Morton, Jr. CCA 20150411.

No. 16-0701/AR. U.S. v. Mikal I. Blount. CCA 20150748.

No. 16-0702/AR. U.S. v. Nicole L. Askew. CCA 20150795.

 

Interlocutory Orders

 

No. 16-0740/AR. U.S. v. Samuel A. Wright. CCA 20130296. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 6, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 16, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0740/AR. U.S. v. Samuel A. Wright. CCA 20130296.

No. 16-0741/AR. U.S. v. Nicholas A. Piszcz. CCA 20140842.

No. 16-0742/MC. U.S. v. Nathan M. Villarreal. CCA 201500399.

 

Miscellaneous Docket - Summary Dispositions

 

No. 16-0700/NA. Dwight D. Roberts, Appellant v. United States, Appellee. CCA 201600119. On consideration of the writ-appeal petition, it is ordered that said petition is hereby denied without prejudice.

 

Orders Granting Petition for Review

 

No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481. 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 re-drafted issue:

WHETHER WRONGFUL SEXUAL CONTACT WAS A LESSER-INCLUDED OFFENSE OF ABUSIVE SEXUAL CONTACT.

Briefs will be filed under Rule 25.

No. 16-0530/AF. U.S. v. Patrick A. Shea. CCA S32225. 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 COURT OF CRIMINAL APPEALS ERRED ON REMAND WHEN, OVER APPELLANT'S TIMELY OBJECTION, THIS CASE WAS ASSIGNED TO A PANEL THAT DID NOT INCLUDE ALL THREE OF THE JUDGES FROM THE ORIGINAL DECISION.

II. WHETHER A REASONABLE OBSERVER WOULD QUESTION THE IMPARTIALITY OR INDEPENDENCE OF THE COURT OF CRIMINAL APPEALS AFTER WITNESSING THE REMOVAL OF JUDGE HECKER FROM THIS CASE ON REMAND FOLLOWING THE GOVERNMENT'S ALLEGATIONS THAT HER IMPARTIALITY HAS BEEN IMPAIRED BY THE DECISION OF THE JUDGE ADVOCATE GENERAL, WHO IS HIMSELF PART OF THE GOVERNMENT, TO ASSIGN HER TO PERFORM NON-JUDICIAL ADDITIONAL DUTIES WITHIN THE GOVERNMENT.

Briefs will be filed under Rule 25.

No. 16-0611/AF. U.S. v. Richard K. Price, Jr. CCA S32330. 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 said petition is hereby granted on the following issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY FORCING APPELLANT TO ADMIT TO MISCONDUCT GREATER THAN WAS NECESSARY FOR A PROVIDENT PLEA.

Briefs will be filed under Rule 25.
 

Interlocutory Orders

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of Appellant's motion to supplement 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 on or before October 6, 2016. 

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616. In view of the Court's selection of the above-captioned case to be heard as part of Project Outreach at the University of Colorado Law School on November 1, 2016, the Court invites the filing of amicus curiae briefs in support of the Appellant and the Appellee by eligible law students acting under supervising attorneys. See Rules 13A and 26(a)(2), Rules of Practice and Procedure. The briefs shall be filed on or before October 18, 2016.

 

No. 16-0497/MC. U.S. v. Reece N. Tso. CCA 201400379. On consideration of Appellant's motion to supplement 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 on or before October 6, 2016.

 

No. 16-0641/AR. U.S. v. Ian T. Miller. CCA 20150170. On consideration of the order issued September 15, 2016, denying the petition for grant of review in the above-mentioned case, it is ordered that said denial order is hereby vacated.

 

No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369. On consideration of Appellant's motion to supplement the petition for grant of review and motion to withdraw Appellant's reply to Appellee's answers to the motion to supplement the petition for grant of review, it is ordered that said motions are hereby granted. Appellee may file an answer to the additional supplement to the petition for grant of review on or before October 6, 2016.

No. 16-0663/MC. U.S. v. Travis V. Nauta. CCA 201500244. On consideration of Appellant's motion to supplement the record, motion to supplement the petition for grant of review and motion to withdraw Appellant's reply to Appellee's opposition to Appellant's motion to supplement the petition for grant of review, it is ordered that said motion to supplement the record is hereby denied, and said motion to supplement the petition for grant of review and motion to withdraw Appellant's reply to Appellee's opposition are hereby granted. Appellee may file an answer to the additional supplement to the petition for grant of review on or before October 6, 2016.

No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. On consideration of Appellant's motion for leave 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 on or before October 6, 2016.

 

No. 16-0678/CG. Thomas J. Randolph, Appellant v. HV., Appellee and United States, Respondent. CCA 001-16. On further consideration of the writ-appeal petition from the decision of the United States Coast Guard Court of Criminal Appeals rendered pursuant to Article 6b, Uniform Code of Military Justice, it is ordered that the Appellant and Appellee submit briefs on the following specified issue:

WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION OVER A WRIT-APPEAL PETITION FILED BY AN ACCUSED WHO IS SEEKING REVIEW OF A COURT OF CRIMINAL APPEALS' DECISION RENDERED PURSUANT TO ARTICLE 6b(e), UCMJ.

It is further ordered that the United States be substituted for the military judge as a party respondent, that the United States submit a brief on Issue II in the writ-appeal petition and on the issue specified in this Order, that the Appellate Government and Appellate Defense Divisions of the Army, Navy-Marine Corps and Air Force are invited to submit amicus curiae briefs on the issue specified in this Order, that all briefs mentioned in this Order be filed on or before September 30, 2016, and that oral argument will be heard on October 11, 2016, as previously scheduled. Appellant, Appellee, and the United States will each be allotted 20 minutes to present oral argument.  




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 15, 2016

 

Petitions for Grant of Review Denied

 

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

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

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

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

No. 16-0683/AR. U.S. v. Tedrick A. West. CCA 20140500.

 

Orders Granting Petition for Review

 

No. 16-0714/AR. U.S. v. Mattie L. Brown. CCA 20140346. 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:  

 

I. WHETHER ACCEPTANCE OF APPOINTMENT AS A CMCR JUDGE TERMINATED THE MILITARY COMMISSION OF JUDGE CELTNIEKS.  

 

II. WHETHER, AS AN APPOINTED JUDGE OF THE CMCR, JUDGE CELTNIEKS DOES NOT MEET THE UCMJ DEFINITION OF AN APPELLATE MILITARY JUDGE.  

 

III. WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE JUDICIAL TRIBUNAL ITSELF VIOLATES THE APPOINTMENTS CLAUSE.  

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 14, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0739/AR. U.S. v. Collins Nyangau. CCA 20150495.

 

Miscellaneous Docket - Filings

 

No. 16-0738/AR. Alexander Loya, Petitioner v. United States, Respondent. CCA 20160428. 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

Tuesday, September 13, 2016

 

Petitions for Grant of Review Denied

 

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

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

 

Petition Docket Summary Dispositions

 

No. 16-0721/AF. U.S. v. Mark W. Harley. CCA 38896. On consideration of Appellee's motion to dismiss the petition for grant of review for lack of jurisdiction, said motion is granted without prejudice to Appellant's right to file a petition for grant of review during the normal course of appellate review.

 

Interlocutory Orders

 

No. 16-0306/AR. U.S. v. Joshua C. Davis. CCA 20130996. On consideration of Appellant's motion to reschedule the hearing, said motion is granted. The hearing notice dated August 26, 2016, is vacated, and it is ordered that the hearing is hereby rescheduled for January 10, 2017.

 

No. 16-0548/AR. U.S. v. Sean P. Bright. On consideration of Petitioner's motion for appropriate relief, said motion is denied.

 

No. 16-0616/AF. U.S. v. Kelvin L. O'Shaughnessy. CCA 38732. On consideration of Appellant's motion for leave to file an additional supplement to the petition for grant of review, said motion is granted. Appellee may file an answer to the additional supplement to the petition for grant of review on or before October 3, 2016.

 

No. 16-0617/AF. U.S. v. Joseph D. Morchinek. CCA S32291. On consideration of Appellant's motion for leave to file an additional supplement to the petition for grant of review, said motion is granted. Appellee may file an answer to the additional supplement to the petition for grant of review on or before October 3, 2016.

 

No. 16-0735/AR. U.S. v. Rhandall S. Lavasseur, Jr. CCA 20150475. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to November 7, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, September 12, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0735/AR. U.S. v. Rhandall S. Lavasseur, Jr. CCA 20150475.

No. 16-0736/AR. U.S. v. Kristopher S. Wood. CCA 20150601.

No. 16-0737/AR. U.S. v. Daniel E. Moyano-Fermin. CCA 20140910.

 

Petitions for Grant of Review Denied

 

No. 16-0694/AR. U.S. v. Douglas J. Adkins. CCA 20130961.

 

Interlocutory Orders

 

No. 16-0438/NA. U.S. v. Renato M. Serrano. CCA 201500057. On consideration of the motion filed by Major M. Brian Magee to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is hereby granted.

 

No. 16-0696/AR. U.S. v. William G. Inman. CCA 20150042. Appellee's motion to extend time to file an answer to Appellant's addendum to the supplement to the petition for grant of review granted to November 7, 2016.

 

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted but only up to and including September 27, 2016.

 

No. 16-0716/AR. U.S. v. Manuel Ortiz III. CCA 20150267. Appellee's motion to extend time to file an answer to the supplement to the petition for grant of review granted to November 7, 2016.

 

No. 16-0723/AR. U.S. v. Kyle D. Rich. CCA 20130805. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to October 5, 2016.

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 27, 2016.

 

No. 16-0729/NA. U.S. v. Brandon G. Darnell. CCA 20150010. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 29, 2016.

 

No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 29, 2016.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 9, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010.

No. 16-0730/AR. U.S. v. David L. Benitez III. CCA 20150509.

No. 16-0731/AR. U.S. v. Austin L. Hendrix. CCA 20140476.

No. 16-0732/AR. U.S. v. Kameron Coleman. CCA 20140709.

No. 16-0733/AR. U.S. v. Christopher B. Melvin. CCA 20140761.

No. 16-0734/AR. U.S. v. Christopher R. Gamblin. CCA 20140557.

 

Petitions for Grant of Review Denied

 

No. 16-0685/AR. U.S. v. Amber E. Flores. CCA 20150476.

No. 16-0686/AR. U.S. v. Benjamin C. Olson. CCA 20150622.

No. 16-0687/AR. U.S. v. Alan G. Butler. CCA 20150306.

No. 16-0688/AR. U.S. v. David A. King. CCA 20150837.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, September 7, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346.

 

Petitions for Grant of Review Denied

 

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

No. 16-0682/AF. U.S. v. Chance J.H. Peschard. CCA S32304.

No. 16-0684/AF. U.S. v. Chasaneya K. Jones. CCA S32333.

 

Miscellaneous Docket - Filings

 

No. 16-0728/AF. Sebastian P. LaBella, Appellant v. United States, and United States Air Force Court of Criminal Appeals, Appellees. CCA 37679. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Air Force Court of Criminal Appeals on application for extraordinary relief in the nature of a writ of error coram nobis was filed under Rule 27(b) on this date.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, September 6, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0725/AR. U.S. v. Jacob D. Blakesley. CCA 20150012.

 

Petitions for Grant of Review Denied

 

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

No. 16-0681/AR. U.S. v. Deonte M. Singletery. CCA 20140686.

 

Miscellaneous Docket - Filings

 

No. 16-0726/AR. United States, Petitioner v. United States Army Court of Criminal Appeals, Respondent and Calvin R. Gibbs, Real Party In Interest. CCA 20110998. Notice is hereby given that a petition for extraordinary relief in the nature of a writ of prohibition and a motion to stay proceedings were filed under Rule 27(a) and Rule 30 on this date.

 

Interlocutory Orders

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244. On consideration of the motion filed by Major M. Brian Magee to withdraw as appellate defense counsel, and the motion filed by Major Benjamin A. Robles to correct the motion to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion to correct the motion to withdraw as appellate defense counsel is hereby granted, and the motion filed by Major M. Brian Magee is hereby denied as moot.

 

No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037.

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

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

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

On consideration of the motions filed by Major M. Brian Magee to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned other counsel to represent said Appellants and that the new attorney has assumed the representation of said Appellants. Accordingly, it is ordered that said motions are hereby granted.

 

No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142. On consideration of the motion filed by Lieutenant Ryan W. Aikin to withdraw as appellate defense counsel, it appears that the Judge Advocate General has assigned another counsel to represent Appellant and that the new attorney has assumed the representation of said Appellant. Accordingly, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, September 2, 2016

 

Interlocutory Orders

 

No. 16-0721/AF. U.S. v. Mark W. Harley. CCA 38896. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 19, 2016.

 

No. 16-0724/AF. U.S. v. Donald R.B. Simmons. CCA 38788. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to September 21, 2016.

 

 

In the Matter of the

RULES ADVISORY COMMITTEE

 

Pursuant to Rule 45 of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces, the following persons are, this 2nd day of September, 2016, hereby appointed as members of the Rules Advisory Committee, effective October 1, 2016:

 

Professor Steven H. Goldblatt, Chairman, James E. McPherson, Esq., and Michelle M. Lindo-McCluer, Esq., are hereby reappointed as members of the Rules Advisory Committee for a term expiring on September 30, 2019.

 

The following members, whose terms expire on the dates indicated below, remain on the Rules Advisory Committee:

 

To expire on September 30, 2017:

 

Professor Matthew G. Kaiser

Rebecca S. Snyder, Esq.

Colonel Peter W. Teller, U.S. Air Force

 

To expire on September 30, 2018:

 

Dwight H. Sullivan, Esq.

Thomas E. Booth, Esq.

Malcolm Squires, Esq.

 

William A. DeCicco, Clerk of the Court, is an ex officio member of the Committee, and serves as its Reporter.

 

For the Court,

 

/s/ William A. DeCicco

Clerk of the Court




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, September 1, 2016

 

Petitions for Grant of Review Filed

 

No. 16-0722/AR. U.S. v. Max S. Maydoney. CCA 20150324.

No. 16-0723/AR. U.S. v. Kyle D. Rich. CCA 20130805.

No. 16-0724/AF. U.S. v. Donald R.B. Simmons. CCA 38788.

 

Petitions for Grant of Review Denied

 

No. 16-0679/AR. U.S. v. Miguel A. Aguilar. CCA 20140811.



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