UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 28, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0381/AF. U.S. v. Corey J. Campbell. CCA 38875.

No. 17-0382/AF. U.S. v. Sean M. Oliver. CCA 38858.

No. 17-0383/AR. U.S. v. Aaron W. Long. CCA 20150337.

 

Orders Granting Petition for Review

 

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374. 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 on the following issues specified by the Court:

 

I.  WHETHER THE MEMBERS OF APPELLANT'S COURT-MARTIAL PANEL WERE PROPERLY SELECTED.

 

II. WHETHER APPELLANT WAS DEPRIVED OF A FAIR TRIAL, OR THE APPEARANCE OF A FAIR TRIAL, WHERE A MAJORITY OF THE PANEL MEMBERS WERE FORMER VICTIM ADVOCATES AND THE MILITARY JUDGE DENIED A CHALLENGE FOR CAUSE AGAINST ONE OF THEM.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. On consideration of Rule 43A, Rules of Practice and Procedure, it is ordered that the mandate in the above captioned case be issued forthwith.

 

No. 17-0327/AF. U.S. v. Joshua Katso. CCA 38005. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to May 10, 2017.

 

No. 17-0376/AR. U.S. v. Torie A. Cash. CCA 20150484. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2017.

 

No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2017.

 

No. 17-0378/NA. U.S. v. Darrell T. Peterson. CCA 201500340. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2017.

 

No. 17-0380/AR. U.S. v. Bianca L. Koth. CCA 20150179. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 17, 2017.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 27, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0375/AR. U.S. v. David C. Robinson. CCA 20150120.

No. 17-0376/AR. U.S. v. Torie A. Cash. CCA 20150484.

No. 17-0377/AR. U.S. v. Casey A. Phillips. CCA 20150373.

No. 17-0378/NA. U.S. v. Darrell T. Peterson. CCA 201500340.

No. 17-0379/AF. U.S. v. Gabriel J. Ross. CCA 38974.

No. 17-0380/AR. U.S. v. Bianca L. Koth. CCA 20150179.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. 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, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.*

 

* It is noted that the military judge neglected to seal the transcript of the MRE 513 hearing and some of the associated pleadings, contrary to the requirements of MRE 513(e)(5). Accordingly, the Clerk is directed to seal MRE 513 matters (pages 26-47 and 57-61 and AE V and VIII of the record of trial).




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 26, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0374/AR. U.S. v. Anthony C. Toney. CCA 20150565.

 

Petitions Withdrawn

 

No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA 20160518. Appellant's motion to withdraw the petition for grant of review granted.

 

Interlocutory Orders

 

No. 17-0235/AR. U.S. v. Joshua P. Maez. CCA 20150810. On consideration of Appellant's motion to file a corrected copy of matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

 

No. 17-0307/AR. Robert B. Bergdahl, Appellant v. Jeffrey R. Nance, Colonel, J.A. Military Judge, and United States, Appellees. CCA 20170114. Appellant's motion to correct erratum is granted.

 

No. 17-0369/AF. U.S. v. Michael R. Hassell. CCA 38903. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 15, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 25, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0373/AR. U.S. v. David M. Ozoskey. CCA 20160085.

 

Petitions for Grant of Review Denied

 

No. 17-0272/AF. U.S. v. Sean J. Chero. CCA 38470.

 

Hearings

 

No. 17-0143/CG. U.S. v. Ernest M. Ramos. CCA 1418.

No. 17-0055/AR. U.S. v. Mitchell L. Brantley. CCA 20150199.

No. 17-0049/MC. U.S. v. Tanner J. Forrester. CCA 201500295.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 24, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0368/NA. U.S. v. David B. Olson. CCA 201600025.

No. 17-0369/AF. U.S. v. Michael R. Hassell. CCA 38903.

No. 17-0370/AR. U.S. v. Adam G. Koenig. CCA 20150225.

No. 17-0371/AR. U.S. v. David I. Martinez. CCA 20160084.

No. 17-0372/AR. U.S. v. Lawrence E. Gore. CCA 20160275.

 

Interlocutory Orders

 

No. 17-0282/AF. U.S. v. Michael R. Lightsey. CCA 38851. Appellant's motion to substitute a corrected supplement to the petition for grant of review granted.

 

No. 17-0363/AR. U.S. v. David Garman. CCA 20150164. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 9, 2017.

 

No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 11, 2017.

 

No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884. Appellant's motion to file the supplement to the petition for grant of review granted to May 11, 2017.

 

No. 17-0367/NA. U.S. v. Russell Coble. CCA 201600130. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 11, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0362/AF. U.S. v. Willie J. Holt III. CCA 38890.

No. 17-0363/AR. U.S. v. David Garman. CCA 20150164.

No. 17-0364/AF. U.S. v. Tyler G. Eppes. CCA 38881.

No. 17-0365/AF. U.S. v. Drew D. Parenteau-Hefner. CCA 38884.

No. 17-0367/NA. U.S. v. Russell Coble. CCA 201600130.

 

Miscellaneous Docket - Filings

 

No. 17-0366/AR. U.S. v. Ronald E.V. Layton. CCA 20160756. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Army Court of Criminal Appeals on application for extraordinary relief in the form of a writ of habeas corpus was filed under Rule 27(b) on this date.

 

Miscellaneous Docket - Summary Dispositions

 

No. 17-0315/NA. Jeremy E. Hassett, Appellant v. United States, Appellee. CCA 201600118. On consideration of the writ-appeal petition, it is ordered that said writ-appeal petition is hereby denied.

 

Interlocutory Orders

 

No. 17-0187/AR. U.S. v. Brian G. Short. CCA 20150320. Appellant's motion to extend time to file a brief granted to April 27, 2017.

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785. Appellant's motion to extend time to file a brief granted to May 12, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 20, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0361/MC. U.S. v. Walter J. Wagers III. CCA 201600180.

 

Petitions for Grant of Review Denied

 

No. 17-0273/AF. U.S. v. Matthew C. Hudson. CCA 38846.

 

Orders Granting Petition for Review

 

No. 17-0265/CG. U.S. v. Colby C. Bailey. CCA 1428. 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 on the following issues:

 

I.   UPON REQUEST BY THE DEFENSE COUNSEL AND USING A DEFENSE-DRAFTED INSTRUCTION, SHOULD THE MILITARY JUDGE HAVE PROVIDED THE MEMBERS WITH AN EXPLANATION OF THE TERM "INCAPABLE"?

 

II.  WHETHER THE DECISION OF THE UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS IS AMBIGUOUS AS TO WHETHER THE AFFIRMED SENTENCE INCLUDED FORFEITURE OF ALL PAY AND ALLOWANCES.

 

Briefs will be filed under Rule 25 on Issue I only.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 18, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0359/AF. U.S. v. Alexander C. Norwood. CCA 39015.

No. 17-0360/AF. U.S. v. Donald W. Cox. CCA 38885.

 

Interlocutory Orders

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. Appellant's motion to unseal exhibit and identity of the confidential informant is denied.

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. Appellee's motion to submit a supplemental joint appendix is granted.

 

No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841. On consideration of Appellant's motion to amend matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

 

No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 8, 2017.

 

No. 17-0357/AF. U.S. v. Daniel V. Roblero. CCA 38874. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 8, 2017.

 

No. 17-0360/AF. U.S. v. Donald W. Cox. CCA 38885. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 8, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 17, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0355/AR. U.S. v. Jose L. Cuellar. CCA 20150375.

No. 17-0356/AF. U.S. v. Devin J. Vanhise. CCA 38882.

No. 17-0357/AF. U.S. v. Daniel V. Roblero. CCA 38874.

No. 17-0358/MC. U.S. v. Johnathan S. Arthurton. CCA 201600228.

 

Petitions for Grant of Review Denied

 

No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660.

No. 17-0277/AR. U.S. v. Joseph R. Thurman. CCA 20160482.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 14, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0351/CG. U.S. v. Christopher C. Burke. CCA 1431.

No. 17-0352/NA. U.S. v. Matthew R. Beltran. CCA 201500270.

No. 17-0353/AR. U.S. v. Jeremy C. Bardin. CCA 20150378.

No. 17-0354/AR. U.S. v. Mack R. Goss III. CCA 20150024.

 

Orders Granting Petition for Review

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. 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 MILITARY JUDGE'S FAILURE TO CONDUCT AN IN CAMERA REVIEW OF AND FAILURE TO DISCLOSE THE MENTAL HEALTH RECORDS OF AB AK AND AB CR DEPRIVED APPELLANT OF HIS RIGHT TO CONFRONT THE SOLE WITNESSES AGAINST HIM IN VIOLATION OF THE SIXTH AMENDMENT TO THE CONSTITUTION.

 

Briefs will be filed under Rule 25.

 

No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA 20150076. 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 JUDGE BURTON'S MILITARY COMMISSION, BUT SEE UNITED STATES v. ORTIZ, NO. 16-0671/AF (C.A.A.F. 9 FEB. 2017).

 

II.   WHETHER, AS AN APPOINTED JUDGE OF THE CMCR, JUDGE BURTON WAS NOT AN APPELLATE MILITARY JUDGE UNDER THE UCMJ, BUT SEE UNITED STATES v. ORTIZ, NO. 16-0671/AF.

 

III.  WHETHER THE ASSIGNMENT OF INFERIOR OFFICERS AND PRINCIPAL OFFICERS TO A SINGLE JUDICIAL TRIBUNAL VIOLATED THE APPOINTMENTS CLAUSE, BUT SEE UNITED STATES v. ORTIZ, NO. 16-0671/AF.

 

IV. WHETHER THE EVIDENCE IS LEGALLY INSUFFICIENT TO SUPPORT A CHARGE OF KIDNAPPING BY INVEIGLEMENT.

 

Briefs will be filed under Rule 25 on Issue IV only.

 

Interlocutory Orders

 

No. 17-0262/AR. U.S. v. Charles Maston. CCA 20140537. Appellant's motion to file the supplement to the petition for grant out of time is granted.

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 2, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 13, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0350/AR. U.S. v. Leroy A. Greene. CCA 20150228.

 

Petitions for Grant of Review Denied

 

No. 17-0154/AF. U.S. v. Jonathan L. Roe. CCA S32322.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 12, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0347/AF. U.S. v. Robert L. Honea III. CCA 38905.

No. 17-0348/AR. U.S. v. Keimara N. Brooks. CCA 20160715.

No. 17-0349/AR. U.S. v. Kahlan Maki. CCA 20150210.

 

Miscellaneous Docket - Summary Dispositions

 

No. 17-0310/AF. Joshua Katso, Petitioner v. Christopher F. Burne, Lieutenant General, United States Air Force, in his official capacity as Judge Advocate General of the United States Air Force, and Katherine E. Oler, Colonel, United States Air Force, in her official capacity as Chief of the United States Air Force Government Trial and Appellate Counsel Division, Respondents. CCA 38005. On consideration of the petition for extraordinary relief in the nature of a petition for writ of prohibition, it is ordered that said petition is hereby denied.

 

Interlocutory Orders

 

No. 16-0712/AR. U.S. v. James G. Donohue. CCA 20140124. Appellant's motion for leave to file a petition for reconsideration out of time of this Court's order issued October 28, 2016 is hereby denied.

 

No. 17-0162/NA. U.S. v. Keith E. Barry. CCA 201500064. Appellant's motion for leave to file issues pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A 1982), is granted.

 

No. 17-0199/AF. U.S. v. Ricky D. Chisum, Jr. CCA S32311. On consideration of the motion filed by Protect Our Defenders to file an amicus curiae brief out of time in support of the petition, it is ordered that said motion is hereby granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 11, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0344/AF. U.S. v. Anthony L. Jones. CCA S32343.

No. 17-0345/AR. U.S. v. Rinard A. Orage. CCA 20150682.

No. 17-0346/AF. U.S. v. Thomas E. Parks, Jr. CCA 38867.

 

Petitions for Grant of Review Denied

 

No. 17-0217/CG. U.S. v. Mario Tamayo. CCA 1425.

No. 17-0279/AF. U.S. v. Craig A. Bonnett II. CCA S32345.

 

Orders Granting Petition for Review

 

No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769. 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 MILITARY JUDGE ABUSED HER DISCRETION BY GRANTING THE GOVERNMENT'S MOTION TO USE EVIDENCE OF CHARGED SEXUAL MISCONDUCT UNDER M.R.E. 413 TO SHOW PROPENSITY TO COMMIT OTHER CHARGED SEXUAL MISCONDUCT. See UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F. 2016).

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. Appellee's motion to file a supplemental joint appendix granted.

 

No. 17-0287/NA. U.S. v. Andrew A. Sholtes. CCA 201500230. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 20, 2017.

 

No. 17-0342/AR. U.S. v. Thomas D. Rodgers. CCA 20150706. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 1, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 10, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0342/AR. U.S. v. Thomas D. Rodgers. CCA 20150706.

No. 17-0343/AR. U.S. v. Jeffrey N. Bravo. CCA 20140318.

 

Appeals - Summary Dispositions

 

No. 17-0278/AR. U.S. v. Ronald E.V. Layton. CCA 20160756. On consideration of the Docketing Notice issued March 7, 2017, in the above-referenced case, it is ordered that said Docketing Notice is hereby vacated.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, April 7, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0337/AR. U.S. v. Dontae D. Stanford. CCA 20150745.

No. 17-0338/AR. U.S. v. Matthew S. Dejesus. CCA 20150666.

No. 17-0339/AR. U.S. v. Bradley S. McMullen. CCA 20150588.

No. 17-0340/AR. U.S. v. Khristian Mairena. CCA 20160327.

No. 17-0341/AR. U.S. v. Vincent P. Degregori III. CCA 20150581.

 

Mandates Issued

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, April 6, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0334/AF. U.S. v. Gonzalo A. Carnio-Navarro. CCA S32340.

No. 17-0335/AF. U.S. v. Alexander J. Rowe. CCA 38880.

No. 17-0336/NA. U.S. v. Jeremy R. Fogle. CCA 201600310.

 

Petitions for Grant of Review Denied

 

No. 17-0268/AF. U.S. v. Brian L. Walters. CCA 2016-12.

 

Interlocutory Orders

 

No. 17-0290/AF. U.S. v. Andrew I. Lutcza. CCA 2016-13. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 21, 2017.

 

No. 17-0291/NA. U.S. v. Darin G. Lopez. CCA 201400373. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 21, 2017.

 

No. 17-0306/AF. U.S. v. Joseph A. Pugh. CCA 2016-11. Appellant's second motion to extend time to file the supplement to the petition for grant of review granted to April 27, 2017.

 

Mandates Issued

 

No. 16-0487/AR. U.S. v. Mario I. Lopez. CCA 20140973.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, April 5, 2017

 

Hearings

 

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




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, April 4, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0333/AR. U.S. v. Arturo A. Tafoya. CCA 20140798.

 

Petitions for Grant of Review Denied

 

No. 17-0264/AR. U.S. v. Cory R. Hickerson. CCA 20150797.

 

Interlocutory Orders

 

No. 16-0729/NA. U.S. v. Brandon G. Darnall. CCA 20150010. Appellant's second motion to extend time to file a brief is granted to April 4, 2017.

 

No. 17-0322/MC. U.S. v. Christopher Clugston. CCA 201500326. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 20, 2017.

 

No. 17-0327/AF. United States, Appellant/Cross-Appellee v. Joshua Katso, Appellee/Cross-Appellant. CCA 38005. Appellee/Cross-Appellant's motion to extend time to file the supplement to the petition for grant of review granted to May 1, 2017.

 

No. 17-0331/AF. U.S. v. Markus A. Milner. CCA S32338. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to April 24, 2017.

 

Hearings

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, April 3, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0327/AF. U.S. v. Joshua Katso. CCA 38005.

No. 17-0328/AF. U.S. v. Adam C. Link. CCA S32382.

No. 17-0330/AR. U.S. v. Corey J. Robinson. CCA 20150088.

No. 17-0331/AF. U.S. v. Markus A. Milner. CCA S32338.

No. 17-0332/AF. U.S. v. James A. Kester. CCA 38911.

 

Certificates for Review Filed

 

No. 17-0329/AR. U.S. v. Randy L. Simpson Jr. CCA 20140126. Notice is hereby given that a certificate for review of the decision of the United States Army Court of Criminal Appeals was filed under Rule 22 on this date on the following issue:

 

WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED BY FINDING A SUBSTANTIAL BASIS IN LAW AND FACT TO QUESTION APPELLANT'S PLEA IN LIGHT OF THE SUPREME COURT DECISION IN UNITED STATES v. SHAW, 137 S.CT. 462 (2016), AND THE COURT OF APPEALS FOR THE ARMED FORCES DECISION IN UNITED STATES v. CIMBALL-SHARPTON, 73 M.J. 299 (C.A.A.F. 2014).

 

Appellant will file a brief under Rule 22(b) in support of said certificate on or before May1, 2017.

 

Orders Granting Petition for Review

 

No. 17-0253/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, IN A COURT-MARTIAL TRIED BY MILITARY JUDGE ALONE, THE MILITARY JUDGE ABUSED HIS DISCRETION BY GRANTING THE GOVERNMENT'S MOTION TO USE THE CHARGED SEXUAL MISCONDUCT FOR MILITARY RULE OF EVIDENCE 413 PURPOSES TO PROVE PROPENSITY TO COMMIT THE CHARGED SEXUAL MISCONDUCT IN LIGHT OF UNITED STATES v. HILLS AND THAT ERROR WAS NOT HARMLESS BEYOND A REASONABLE DOUBT.

 

No briefs will be filed under Rule 25.

 

Mandates Issued

 

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



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