UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 28, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0261/AF. U.S. v. Jose H. Gallegos. CCA 38738.

 

Petitions for Grant of Review Denied

 

No. 17-0193/AR. U.S. v. Michael Horton. CCA 20150710.

 

Hearings

 

No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939.

No. 17-0035/AR. U.S. v. Jeffry A. Feliciano, Jr. CCA 20140766.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 27, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0256/AR. U.S. v. Jason E. Dunham. CCA 20150467.

No. 17-0257/AR. U.S. v. Daren L. Humphrey. CCA 20160518.

No. 17-0258/AR. U.S. v. Keevan D. Tyson. CCA 20160580.

No. 17-0259/AR. U.S. v. Erick A. Medrano. CCA 20140167.

No. 17-0260/AR. U.S. v. Marques D. Entzminger. CCA 20150672.

 

Petitions for Grant of Review Denied

 

No. 17-0138/AF. U.S. v. Jason K. Slape. CCA 38801.

No. 17-0198/AF. U.S. v. Christian F. Gonzalez-Perez. CCA 39028.

 

Interlocutory Orders

 

No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted.

 

No. 17-0253/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 16, 2017.

 

No. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 16, 2017.

 

Mandates Issued

 

No. 16-0229/AF. U.S. v. Ellwood T. Bowen. CCA 38616.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 24, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0253/AR. U.S. v. Douglas E. Reynolds, Jr. CCA 20140856.

No. 17-0254/AR. U.S. v. Michael D. Thompson. CCA 20140974.

No. 17-0255/AF. U.S. v. Joseph R. Fears. CCA S32331.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 23, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0144/AR. U.S. v. Adam D. Bigelow. CCA 20150349.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 22, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0252/AR. U.S. v. Nicholas A. Solt. CCA 20130029.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 21, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0250/MC. U.S. v. Thomas M. Carnahan. CCA 201600020.

No. 17-0251/AR. U.S. v. Aaron M. Nies. CCA 20140965.

 

Petitions for Grant of Review Denied

 

No. 17-0158/AR. U.S. v. Ronny L. Cade, Jr. CCA 20140325.

No. 17-0161/AR. U.S. v. Marshall D. Drake, Jr. CCA 20130414.

No. 17-0185/AF. U.S. v. Thomas T. Warshaw III. CCA 38907.

 

Interlocutory Orders

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of the motion filed by Electronic Frontier Foundation, American Civil Liberties Union, and ACLU of the District of Columbia for leave to file a brief as amici curiae in support of Appellee, and the motions filed by Jamie L. Williams and Brett Max Kauffman to appear pro hac vice, it is ordered that said motions are hereby granted.

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell II. CCA 20150776. On consideration of Appellant's motion to stay the trial proceedings, it is ordered that said motion is hereby granted. The trial proceedings are hereby stayed pending further order of the Court.

 

Mandates Issued

 

No. 16-0214/NA. U.S. v. Michael Z. Pabelona. CCA 201400244.

No. 16-0360/AR. U.S. v. Todd D. Sewell. CCA 20130460.

No. 16-0678/CG. Thomas J. Randolph, Appellant v. H.V., Appellee and United States, Respondent. CCA 001-16.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 17, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0248/AR. U.S. v. Anthony T. Davenport. CCA 20150322.

No. 17-0249/AR. U.S. v. Olyn V. Lowrey. CCA 20150466.

 

Petitions for Grant of Review Denied

 

No. 17-0114/AF. U.S. v. Keoni A. Chavarria. CCA S32355.

No. 17-0165/AR. U.S. v. Anthony T. Gardner. CCA 20140800.

 

Interlocutory Orders

 

No. 16-0727/AF. U.S. v. James W. Richards IV. CCA 38346. Appellant's motion for leave of the Court to file an addendum to the joint appendix is granted.

 

No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. 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 March 10, 2017, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841. 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 to March 9, 2017, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0208/CG. U.S. v. John C. Riesbeck. CCA 1374. 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 to February 27, 2017, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0237/AR. U.S. v. Andrew M. Viera. CCA 20150487. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted.

 

No. 17-0242/AR. U.S. v. Nicholas J. Majetich. CCA 20150085. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 8, 2017.

 

No. 17-0245/AR. U.S. v. Terry J. Ayers. CCA 20160362. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to March 8, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 16, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0239/AR. U.S. v. Marcus L. Pretlow. CCA 20150220.

No. 17-0240/AR. U.S. v. Stephen B. Perry. CCA 20140904.

No. 17-0241/AR. U.S. v. Shawn E. Earle. CCA 20150184.

No. 17-0242/AR. U.S. v. Nicholas J. Majetich. CCA 20150085.

No. 17-0243/MC. U.S. v. Devin G. Angiolini. CCA 201600014.

No. 17-0244/AR. U.S. v. Joseph Kargbo. CCA 20150011.

No. 17-0245/AR. U.S. v. Terry J. Ayers. CCA 20160362.

No. 17-0246/AR. U.S. v. Trumel K. Cox. CCA 20160233.

No. 17-0247/AR. U.S. v. Deandre J. George. CCA 20150793.

 

Petitions for Grant of Review Denied

 

No. 17-0146/AR. U.S. v. Jason M. Alston. CCA 20140566.

 

Orders Granting Petition for Review

 

No. 17-0086/AF. United States, Appellant/Cross-Appellee v. Patrick Carter, Appellee/Cross-Appellant. CCA 38708. 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. THE AIR FORCE COURT OF CRIMINAL APPEALS DISMISSED THE CHARGE AND SPECIFICATIONS IN THIS CASE IN 2013 AND AGAIN IN 2016. BUT IT EXCEEDED THE EIGHTEEN-MONTH PRESUMPTION OF UNREASONABLE DELAY BEFORE DOING SO EACH TIME. HAS APPELLEE BEEN DENIED DUE PROCESS WHERE HE COMPLETED HIS SENTENCE TO THREE YEARS OF CONFINEMENT 158 DAYS BEFORE THIS COURT AFFIRMED THE LOWER COURT'S FIRST DISMISSAL OF THIS CASE ON AUGUST 2, 2013?

 

II. WHETHER APPELLEE'S PROSECUTION FOR CHILD ENDANGERMENT WAS BARRED BY THE STATUTE OF LIMITATIONS WHERE MORE THAN FIVE YEARS HAD ELAPSED AND APPELLEE WAS NOT BROUGHT TO TRIAL WITHIN 180 DAYS OF THIS COURT'S AFFIRMANCE OF THE LOWER COURT'S DISMISSAL OF THAT SPECIFICATION.

 

III. WHETHER UNITED STATES COURT OF MILITARY COMMISSION REVIEW JUDGE, MARTIN T. MITCHELL, WAS STATUTORILY AUTHORIZED TO SIT AS ONE OF THE AIR FORCE COURT OF CRIMINAL APPEALS JUDGES ON THE PANEL THAT DECIDED APPELLANT'S CASE.

 

IV. WHETHER JUDGE MARTIN T. MITCHELL'S SERVICE ON BOTH THE AIR FORCE COURT OF CRIMINAL APPEALS AND THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW VIOLATED THE APPOINTMENTS CLAUSE GIVEN HIS STATUS AS A PRINCIPAL OFFICER ON THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW.

 

V. WHETHER JUDGE MARTIN T. MITCHELL WAS IN FACT A PRINCIPAL OFFICER FOLLOWING HIS APPOINTMENT BY THE PRESIDENT TO THE UNITED STATES COURT OF MILITARY COMMISSION REVIEW IN LIGHT OF THE PROVISIONS OF 10 U.S.C. 949b(b)(4)(C) AND (D), AUTHORIZING REASSIGNMENT OR WITHDRAWAL OF APPPELLATE MILITARY JUDGES SO APPOINTED BY THE SECRETARY OF DEFENSE OF HIS DESIGNEE.

 

Briefs will be filed under Rule 25 on Issues I and II only.

 

No. 17-0143/CG. U.S. v. Ernest M. Ramos. CCA 1418. 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 issue specified by the Court:

 

WHETHER APPELLANT WAS ENTITLED TO ARTICLE 31(b), UCMJ, WARNINGS AT ANY POINT DURING HIS INTERROGATION BY CGIS, AND IF SO, WHETHER HE WAS PREJUDICED BY THE ADMISSION OF ANY OF HIS STATEMENTS.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee's motion to reschedule oral argument, it is ordered that said motion is hereby granted, that the Hearing Notice issued February 14, 2017, setting the above-mentioned case for oral argument is hereby vacated, and that oral argument for the above-mentioned case will be rescheduled.

 

No. 17-0035/AR. U.S. v. Jeffry A. Feliciano, Jr. CCA 20140766. Appellee's motion to reschedule oral argument is hereby denied.

 

No. 17-0177/AR. U.S. v. Brian K. Jewell II. CCA 20160464. On consideration of Appellant's motion to file matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), it is ordered that said motion is hereby granted.

 

Mandates Issued

 

No. 16-0336/CG. U.S. v. Omar M. Gomez. CCA 1394.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 15, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0237/AR. U.S. v. Andrew M. Viera. CCA 20150487.

No. 17-0238/AR. U.S. v. Terrance T. Johnson. CCA 20140297.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 14, 2017

 

Petitions for Grant of Review Filed

 

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

 

Petitions for Grant of Review Denied

 

No. 17-0088/MC. U.S. v. Willie B. Paris, Jr. CCA 201600044.

No. 17-0168/MC. U.S. v. David R. Rendon. CCA 201500408.

No. 17-0174/AR. U.S. v. Demechea R. Harris. CCA 20160198.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0155/AF. U.S. v. Nehral Albert R. Maliwat. CCA 38579. 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 HIS DISCRETION BY PROVIDING THE PROPENSITY INSTRUCTION UNDER MILITARY RULE OF EVIDENCE 413 AFTER FAILING TO PERFORM THE REQUIRED ANALYSIS ON THE RECORD AND AFTER THE GOVERNMENT FAILED TO PROVIDE THE REQUIRED NOTICE OF ITS INTENT TO ARGUE PROPENSITY.

 

The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Air Force for remand to that court for reconsideration of the granted issue in light of United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).

 

No. 16-0669/NA. U.S. v. Mark A. Berger. CCA 201500024. On further consideration of the granted issues, 75 M.J. 479 (C.A.A.F. 2016), it is ordered that the decision of the United States Navy-Marine Corps Court of Criminal Appeals is hereby set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for reconsideration of the granted issue in light of United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016).

 

Interlocutory Orders

 

No. 17-0139/AR. U.S. v. Justin M. Gurczynski. CCA 20160402. On consideration of Appellant's motion for a stay of trial proceedings, it is ordered that said motion is hereby granted. The trial proceedings are hereby stayed pending further order of the Court.

 

No. 17-0160/AR. U.S. v. Steven M. Tucker. CCA 20150634. Appellant's motion to extend time to file a brief granted to March 9, 2017.

 

No. 17-0162/NA. U.S. v. Keith Barry. CCA 201500064. On consideration of Appellant's fourth motion to extend time to file the supplement to the petition for grant of review, said motion is granted to February 17, 2017, and absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0167/AR. U.S. v. Noel G. Aguiar-Perez. CCA 20140715. Appellant's motion to supplement the record is granted.

 

No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 28, 2017.

 

No. 17-0227/MC. U.S. v. David Montalvo III. CCA 201400241. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 1, 2017.

 

No. 17-0229/AR. U.S. v. Lauro P. Francisco. CCA 20140541. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 28, 2017.

 

No. 17-0230/AR. U.S. v. William E. Threet. CCA 20140852. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 28, 2017.

 

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 2, 2017.

 

No. 17-0236/AF. U.S. v. Warren R. Bressler, Sr. CCA 38660. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to March 6, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 13, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0233/AR. U.S. v. Nija D. Jones. CCA 20150189.

No. 17-0234/AR. U.S. v. Wendell W. Benjamin. CCA 20130092.

No. 17-0235/AR. U.S. v. Joshua P. Maez. CCA 20150810.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 16-0482/AF. U.S. v. Blake E. Taylor. CCA 38700. On further consideration of the granted issue, 75 M.J. 404 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0490/MC. U.S. v. Jonathan A. Lopez. CCA 201400289. On further consideration of the granted issue, 75 M.J. 467 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 16-0565/MC. U.S. v. Dalton C. Nickens. CCA 201500142. On further consideration of the granted issue, 75 M.J. 437 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 16-0579/AF. U.S. v. William P. Smith, Jr. CCA 38728. On further consideration of the granted issue, 75 M.J. 452 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0588/NA. U.S. v. Adam S. Nelms. CCA 201400369. On further consideration of the granted issue, 75 M.J. 460 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 16-0663/MC. U.S. v. Travis V. Nauta. CCA 201500244. On further consideration of the granted issue, 75 M.J. 466 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is, ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 16-0674/AF. U.S. v. James M. Kmet. CCA 38755. On further consideration of the granted issue, 75 M.J. 452 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0689/AF. U.S. v. Charles D. Buford. CCA 2016-04. On further consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. 862, and the granted specified issue, it is noted that the court below has neither affirmed nor reversed the ruling of the military judge and instead has vacated the ruling at the court-martial and remanded the case to the military judge. There is, at present, no extant ruling which excludes evidence, and if the ruling below is effectuated, the judgment of the Court of Criminal Appeals would resume, not terminate, the proceedings. Additionally, the granted assigned issues are without merit in view of our holding in United States v. Ortiz, __ M.J. __ (C.A.A.F. 2017). Accordingly, it is ordered that the order granting the petition for grant of review is hereby vacated and the case is returned to the Judge Advocate General of the Air Force for execution of the remand and further consideration ordered by the Court of Criminal Appeals in accordance with United States v. Kosek, 41 M.J. 60, 64-65 (C.M.A. 1994).

 

No. 16-0724/AF. U.S. v. Donald R.B. Simmons. CCA 38788. On further consideration of the granted issue, 75 M.J. 482 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 16-0748/NA. U.S. v. David W. Neiman. CCA 201500119. On further consideration of the granted issue, 75 M.J. 491 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 16-0756/AF. U.S. v. Timothy J. Morgan. CCA 38825. On further consideration of the granted issue, 75 M.J. 469 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 17-0010/MC. U.S. v. Alfredo Solis. CCA 201500249. On further consideration of the granted issue, 75 M.J. 495 (C.A.A.F. 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 17-0063/AF. U.S. v. Jerry C. Harrison. CCA 38745. On further consideration of the granted issue, 76 M.J. __ (Daily Journal Dec. 5, 2016), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

No. 17-0115/MC. U.S. v. Mark A. Tamburello. CCA 201600109. On further consideration of the granted issue, 76 M.J. __ (Daily Journal Jan. 11, 2017), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Navy-Marine Corps Court of Criminal Appeals is hereby affirmed.

 

No. 17-0123/AF. U.S. v. Courtney R. Canada. CCA S32298. On further consideration of the granted issue, 76 M.J. __ (Daily Journal Jan. 5, 2017), and in light of United States v. McClour, 76 M.J. __ (C.A.A.F. Jan. 24, 2017), it is ordered that the judgment of the United States Air Force Court of Criminal Appeals is hereby affirmed.

 

Interlocutory Orders

 

No. 16-0475/AF. U.S. v. Nathan G. Wilson-Crow. CCA 38706. Appellant's motion to extend time to file a joint appendix granted to February 15, 2017.

 

No. 17-0153/AR. U.S. v. Edward J. Mitchell. CCA 20150776. In view of the Court's selection of the above-captioned case to be heard as part of Project Outreach at Notre Dame Law School on April 4, 2017, the Court invites the filing of amicus curiae briefs in support of the Appellant and 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 March 21, 2017.

 

No. 17-0196/AF. U.S. v. Paul D. Voorhees. CCA 38836. Appellant's motion to attach a document is granted, and Appellant's second motion to extend time to file the supplement to the petition is granted to February 28, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 10, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0228/AR. U.S. v. Jeffrey T. Murdorf II. CCA 20150038.

No. 17-0229/AR. U.S. v. Lauro P. Francisco. CCA 20140541.

No. 17-0230/AR. U.S. v. William E. Threet. CCA 20140852.

No. 17-0231/AR. U.S. v. Torrence A. Robinson. CCA 20140785.

 

Petitions for Grant of Review Denied

 

No. 17-0078/AR. U.S. v. Garnard W. Burnside III. CCA 20130193.

 

Miscellaneous Docket - Filings

 

No. 17-0232/AF. Devin J. Vanhise, Petitioner v. The United Stated Air Force Court of Criminal Appeals, Respondent. CCA 38882. 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. 16-0455/AF. U.S. v. Trentlee D. McClour. CCA 38704.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 9, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0224/AR. U.S. v. Jorge F. Acevedo. CCA 20150076.

No. 17-0225/AR. U.S. v. Mario I. Jeffers. CCA 20150740.

No. 17-0226/AF. U.S. v. Dorian K. Owens. CCA 38834.

No. 17-0227/MC. U.S. v. David Montalvo III. CCA 201400241.

 

Summary Dispositions

 

No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. On consideration of the briefs of the parties, the briefs of amici curiae, and oral argument, it is ordered that the decision for the United States Air Force Court of Criminal Appeals is hereby affirmed. The opinion of the Court will be issued on a future date. C.A.A.F.R. 43(b). A petition for reconsideration may be filed no later than 10 days after the date of the issuance of said opinion.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 8, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0221/AF. U.S. v. Gerald L. West. CCA 38993.

No. 17-0222/AF. U.S. v. Yogendra Rambharose. CCA 38769.

No. 17-0223/MC. U.S. v. Andrew R. Harden. CCA 201600063.

 

Orders Granting Petition for Review

 

No. 16-0671/AF. U.S. v. Keanu D.W. Ortiz. CCA 38839. 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 JUDGE PAULETTE V. BURTON AND JUDGE LARSS G. CELTNIEKS, JUDGES ON THE COURT OF MILITARY COMMISSION REVIEW, WERE STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS, AND EVEN IF THEY WERE STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, WHETHER THEIR SERVICE ON BOTH COURTS VIOLATED THE APPOINTMENTS CLAUSE GIVEN THEIR NEWLY ATTAINED STATUS AS A SUPERIOR OFFICER.

 

No briefs will be filed under Rule 25.

 

No. 17-0176/AR. U.S. v. Reginald E. Charles. CCA 20160414. 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 JUDGE JAMES W. HERRING, A JUDGE ON THE COURT OF MILITARY COMMISSION REVIEW, WAS STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS, AND EVEN IF HE WAS STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, WHETHER HIS SERVICE ON BOTH COURTS VIOLATED THE APPOINTMENTS CLAUSE GIVEN HIS NEWLY ATTAINED STATUS AS A SUPERIOR OFFICER.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, February 7, 2017

 

Orders Granting Petition for Review

 

No. 17-0145/AR. U.S. v. Michael C. Morrill. CCA 20140197. 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 DID NOT MEET THE UCMJ DEFINITION OF APPELLATE MILITARY JUDGE.

 

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

 

No briefs will be filed under Rule 25.

 

No. 17-0164/AR. U.S. v. Corey J. Brookshire. CCA 20160332. 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 HERRING.

 

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

 

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

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0032/AR. U.S. v. Sean M. Ahern. CCA 20130822. On consideration of the joint motion to supplement the record, it is ordered that said motion is hereby granted.

 

No. 17-0176/AR. U.S. v. Reginald E. Charles. CCA 20160414. Appellant's motion to supplement the record is granted.

 

No. 17-0192/AR. U.S. v. Jermaine C. Sampson. CCA 20140841. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 22, 2017.

 

Hearings

 

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

No. 16-0484/AF. U.S. v. Christopher L. Oliver. CCA 38481.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, February 6, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0220/AR. U.S. v. Andrew D. Curry. CCA 20140860.

 

Orders Granting Petition for Review

 

No. 17-0111/AR. U.S. v. Francisco Galvan. CCA 20150574. 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 HERRING.

 

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

 

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

 

No briefs will be filed under Rule 25.

 

No. 17-0173/AR. U.S. v. Patrick Podobnik. CCA 20150692. 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 JUDGE HERRING, A JUDGE ON THE COURT OF MILITARY COMMISSION REVIEW, WAS STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS, AND EVEN IF HE WAS STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, WHETHER HIS SERVICE ON BOTH COURTS VIOLATED THE APPOINTMENTS CLAUSE GIVEN HIS NEWLY ATTAINED STATUS AS A PRINCIPAL OFFICER.

 

No briefs will be filed under Rule 25.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, February 3, 2017

 

Petitions for Grant of Review Filed

 

No. 17-0219/AR. U.S. v. George L. Smith II. CCA 20160266.

 

Orders Granting Petition for Review

 

No. 17-0148/AF. U.S. v. Stephan H. Claxton. CCA 38188. 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 FINDINGS AND SENTENCE MUST BE SET ASIDE IN LIGHT OF UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F. 2016).

 

II. WHETHER THE GOVERNMENT'S FAILURE TO DISCLOSE THAT AIR FORCE ACADEMY CADET E.T. WAS A CONFIDENTIAL INFORMANT FOR THE AIR FORCE OFFICE OF SPECIAL INVESTIGATIONS (AFOSI) PURSUANT TO BRADY v. MARYLAND, 373 U.S. 83 (1963), WAS HARMLESS BEYOND A REASONABLE DOUBT.

 

Briefs will be filed under Rule 25.

 

No. 17-0159/AR. U.S. v. Jeffrey Soria. CCA 20150537. 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 COMMISSIONS OF JUDGES BURTON AND CELTNIEKS.

 

II. WHETHER, AS APPOINTED JUDGES OF THE CMCR, JUDGES BURTON AND CELTNIEKS DID NOT MEET THE UCMJ DEFINITION OF AN APPELLATE JUDGE.

 

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

 

No briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0077/AR. U.S. v. Salvador Jimenez-Victoria. CCA 20140733. On consideration of Appellant's motion to remand the case to the United States Army Court of Criminal Appeals in light of newly discovered Brady evidence, it is ordered that said motion is hereby denied.*

________________________________

 

* Appellant's motion to attach Defense Appellate Exhibit A, contained within the motion to remand, is impermissible under C.A.A.F. Rule 30(d) and it is also hereby denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, February 2, 2017

 

Petitions for Grant of Review Filed

 

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

No. 17-0218/AR. U.S. v. Ryan S. Suleski. CCA 20160050.

 

Petitions for Grant of Review Denied

 

No. 17-0147/AR. U.S. v. Karena A. Dupree. CCA 20150259.

 

Orders Granting Petition for Review

 

No. 17-0133/AR. U.S. v. Paul E. Thomas. CCA 20150269. 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 JUDGES CELTNIEKS AND BURTON, JUDGES ON THE COURT OF MILITARY COMMISSION REVIEW, WERE STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS, AND EVEN IF THEY WERE STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, WHETHER THEIR SERVICE ON BOTH COURTS VIOLATED THE APPOINTMENTS CLAUSE GIVEN THEIR NEWLY ATTAINED STATUS AS PRINCIPAL OFFICERS.

 

No briefs will be filed under Rule 25.

 

No. 17-0160/AR. U.S. v. Steven M. Tucker. CCA 20150634. 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 ARMY COURT ERRED IN HOLDING THAT THE TERM "DISORDERS AND NEGLECTS" STATES A NEGLIGENCE STANDARD FOR MENTAL CULPABILITY UNDER ARTICLE 134, UCMJ, WHICH PRECLUDES APPLICATION OF UNITED STATES v. ELONIS.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 17-0037/AF. U.S. v. Cory D. Phillips. CCA S38771. Appellant's motion to extend time to file a brief granted to February 7, 2017.

 

No. 17-0084/AR. U.S. v. James N. Costigan. CCA 20150052. Appellant's motion to extend time to file a brief granted to March 3, 2017.

 

No. 17-0162/NA. U.S. v. Keith Barry. CCA 201500064. 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 February 10, 2017, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

No. 17-0215/AR. U.S. v. Kevin Greytunkl. CCA 20150644. Appellant's motion to extend time to file the supplement to the petition for grant of review granted to February 21, 2017.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, February 1, 2017

 

Petitions for Grant of Review Denied

 

No. 17-0101/NA. U.S. v. Mark J. Winiecki. CCA 201600031.

No. 17-0131/AR. U.S. v. Cameron J. Conrad. CCA 20150721.

No. 17-0135/AR. U.S. v. Nathaneal H. Ramos. CCA 20140475.

 

Petitions for Grant of Review - Summary Dispositions

 

No. 17-0186/AF. U.S. v. Christopher N. Allore. CCA 38912. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is noted that the court below failed to expressly act to affirm or set aside the findings and sentence. This has resulted in having a case before us for review that does not have a complete decision on the findings and sentence by the Court of Criminal Appeals. Under Article 67(c), Uniform Code of Military Justice, 10 U.S.C. 867(c) (2012), this Court can only act with respect to the findings and sentence as affirmed or set aside by a court of criminal appeals. If the action on the findings and sentence is ambiguous, the appropriate remedy is a remand for clarification. Accordingly, it is ordered that the petition for grant of review is granted, and the record of trial is returned to the Judge Advocate General of the Air Force for remand to the United States Air Force Court of Criminal Appeals for clarification of its action on the findings and sentence.

 

Orders Granting Petition for Review

 

No. 17-0151/AR. U.S. v. Dayshawn M. Guice. CCA 20150774. 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 HERRING.

 

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

 

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

 

No briefs will be filed under Rule 25.



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